Discrimination

  • August 04, 2025

    Nespresso Accused Of Racial Bias In Ex-Employee's Lawsuit

    A Black woman who worked at Nespresso for more than a decade has sued her former employer in Illinois federal court, saying she was routinely denied promotions and subjected to comments about her "messy" hair and having the "loudest voice in the room," but was still trotted out to work on the Nestle subsidiary's diversity initiatives.

  • August 04, 2025

    Crane Co. Settles With EEOC To End Race Bias Claims

    A Texas-based crane service provider will pay $525,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it allowed a field manager to use racial slurs toward Black employees and forced out a white worker who complained, according to federal court filings.

  • August 04, 2025

    Arnold & Porter Expands On West Coast With K&L Gates Team

    Arnold & Porter Kaye Scholer LLP is continuing to grow on the West Coast, announcing Monday that it has added seven lawyers from K&L Gates LLP to its newly launched Seattle office and one to its Los Angeles location.

  • August 04, 2025

    Religious Carveout Sinks Nurse's Vax Bias Suit, 8th Circ. Says

    The Eighth Circuit refused to reinstate a religious discrimination suit from a nurse who said a Catholic hospital unlawfully fired her for rejecting its COVID-19 vaccination mandate, ruling the institution is shielded from liability under Title VII's exception for religious organizations.

  • August 01, 2025

    9th Circ. Lifts Order Halting Trump From Curbing Fed Unions

    The Ninth Circuit on Friday granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.

  • August 01, 2025

    Wheeling & Appealing: Midyear Highlights For Every Circuit

    In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.

  • August 01, 2025

    En Banc 9th Circ. Backs LA Schools In Vax Mandate Fight

    A majority en banc Ninth Circuit has affirmed a lower court's decision upholding Los Angeles Unified School District's COVID-19 vaccine mandate for employees, while two partially dissenting judges disagreed with the majority's conclusion that the policy passes constitutional muster.

  • August 01, 2025

    8th Circ. Backs U. Of Nebraska In ADHD Disability Bias Suit

    The Eighth Circuit backed the dismissal Friday of an ex-information technology worker's suit claiming the University of Nebraska fired him for seeking accommodations for his attention-deficit/hyperactivity disorder, ruling he failed to show his condition, rather than a violation of school policy, caused his termination.

  • August 01, 2025

    4 Arguments Bias Attorneys Should Watch In August

    The Fifth Circuit will consider reinstating a $70 million verdict in favor of workers who accused a telecommunications company of race discrimination, while the Ninth Circuit will tackle a religious bias case over a vaccine mandate, a legal battle over attorney fees and a separate religious discrimination case over anti-LGBTQ+ comments. Here are four argument sessions discrimination attorneys should keep tabs on this month.

  • August 01, 2025

    NJ Town Faces Whistleblower Suit Over Immigration Policies

    A former New Jersey township manager has claimed in state court that he was the target of retaliation and discrimination after opposing a set of local ordinances that he said would have unlawfully targeted immigrants and enabled racial profiling.

  • August 01, 2025

    7th Circ. Backs Prison Warden's Firing Over Facebook Memes

    The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.

  • August 01, 2025

    Calif. Forecast: Toxicology Co. Wants Wage Claims Arbitrated

    In the coming week, attorneys should watch for arguments about whether a proposed wage and hour class action against a drug and alcohol testing company should be sent to arbitration or back to state court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 01, 2025

    3rd Circ. Won't Revive Age Bias Suit Over COVID Layoffs

    The Third Circuit declined to reinstate a suit accusing a marketing firm of slating a worker for layoff because of her age, saying she failed to rebut the company's argument that the onset of the COVID-19 pandemic necessitated the layoffs.

  • August 01, 2025

    Vegas Casinos Settle EEOC Vax Exception Charges

    Two Las Vegas resorts and casinos struck deals with the U.S. Equal Employment Opportunity Commission to settle claims that they shirked anti-bias laws by refusing to grant religious accommodations related to COVID-19 vaccine mandates, the agency announced.

  • August 01, 2025

    NY Forecast: Judge Weighs Tossing Hospital Retaliation Suit

    This week, a New York federal judge will consider tossing a suit brought by a former administrator at Mount Sinai Beth Israel hospital who claims she was fired for complaining about sexual harassment she faced from a co-worker.

  • July 31, 2025

    'It Ends With Us' Coverage Suit Opens New Front In Legal War

    The decision by Justin Baldoni's insurer to seek relief from defending the "It Ends With Us" actor and his associates from co-star Blake Lively's sexual harassment claims has legal experts raising their eyebrows, as they observe strange circumstances mixed with common coverage issues.

  • July 31, 2025

    GAO Says VA Not Monitoring All Whistleblower Settlements

    The U.S. Government Accountability Office said in a report Thursday that the U.S. Department of Veterans Affairs' lacks information on all settlement agreements reached in whistleblower retaliation cases involving VA employees due to lack of coordination between agencies. 

  • July 31, 2025

    Ex-FDIC Chair 'Livid' Over Toxic Workplace Claims, OIG Says

    An investigation by the Federal Deposit Insurance Corp.'s inspector general has found evidence that former Chair Martin Gruenberg and four unnamed ex-senior officials "personally engaged in some degree of inappropriate workplace conduct," in the latest report on the sexual harassment and toxic workplace scandal that erupted into public view nearly two years ago.

  • July 31, 2025

    Senate Confirms EEOC Leader Lucas For Fresh Term

    The U.S. Senate voted on party lines Thursday to confirm acting U.S. Equal Employment Opportunity Commission Chair Andrea Lucas for a fresh five-year term, clearing the way for her to continue recalibrating the agency's work to match President Donald Trump's agenda.

  • July 31, 2025

    NJ Town Knocks Out Worker's $1.6M Disability Bias Win

    A New Jersey appellate court scrapped a $1.6 million verdict Thursday for a township employee who said she was discriminated and retaliated against for taking leave to treat her anxiety, ruling the evidence presented at trial didn't justify the damages award.

  • July 31, 2025

    EEOC Says Hospital Wrong To Fire Worker Allergic To Vaccine

    A hospital violated federal disability law when it fired a worker in its insurance department who didn't get the COVID-19 vaccine because she was allergic to it, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court Thursday.

  • July 31, 2025

    Seattle Sues Trump Administration Over Anti-DEI Grant Terms

    The city of Seattle sued the Trump administration in Washington federal court on Thursday, targeting two executive orders that require federal funding recipients to adopt the president's stances on diversity efforts and gender or risk losing money for a range of critical causes.

  • July 31, 2025

    6th Circ. Hints White Worker Lost Chance For Strong Bias Suit

    There are strong indicators that the University of Toledo sacked a white human resources employee to shield it from racism allegations, two Sixth Circuit judges agreed Thursday, but they said the evidence is of little use since no race discrimination claim was brought in the case before them.

  • July 31, 2025

    Drexel Ordered To Pay $546K In Fees, Costs In Equal Pay Case

    A former Drexel University professor found at trial to have been paid less than her male colleagues can recoup nearly $546,000 in attorney fees and costs, a Pennsylvania federal judge ruled Thursday, rejecting arguments her request was late, and was inappropriate because her lead counsel was her husband.

  • July 31, 2025

    Honeywell Ex-GC Claims Age Bias Led To Firing At 55

    A Honeywell International Inc. former vice president and general counsel accused the Charlotte-based conglomerate of age discrimination, telling a North Carolina federal court that she was fired for turning 55.

Expert Analysis

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Proposed State AI Rule Ban Could Alter Employer Compliance

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    A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.

  • What Employers Can Learn From 'Your Friends & Neighbors'

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    The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • A Look At Employer Wins In Title VII Suits Over DEI Training

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    Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.

  • Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny

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    Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

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    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts

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    Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.

  • Disparate Impact Theory Lives On Despite Trump Order

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    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.