Discrimination

  • 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.

  • July 31, 2025

    ABA Seeks To Toss Race Bias Suit Over Scholarship Program

    The American Bar Association urged an Illinois federal court to throw out a lawsuit from The American Alliance for Equal Rights alleging the association's Legal Opportunity Scholarship Fund constitutes race-based discrimination, arguing that the claims are simply a "'desire to vindicate' a particular 'view of the law.'"

  • July 31, 2025

    Firefighter Says Military Service Cost Her Pay, Opportunities

    The Jersey City, New Jersey, fire department shorted a firefighter on pay and pension benefits while she was out on military leave and deprived her of opportunities upon her return to work, according to a lawsuit filed in state court.

  • July 31, 2025

    Dept. Head Ends Claim Of Being Forced To Work After Injuries

    Scientific Systems Company Inc., a Massachusetts-based military contractor, and a former department head have agreed to dismiss a Connecticut federal employment discrimination lawsuit that claimed the company forced its ex-employee to work with a spinal injury and broken fingers after he fell during a travel assignment.

  • July 31, 2025

    Rising Star: Proskauer's Rachel Fischer

    Proskauer Rose's Rachel Fischer has successfully defended high-profile clients such as Fox News in a former producer's sexual harassment and assault suit and the MLB in an umpire's race discrimination suit, earning her a spot among the employment practitioners under age 40 honored by Law360 as Rising Stars.

  • July 31, 2025

    Clinic Settles EEOC Disability Bias Suit Over Worker's Firing

    A pediatric clinic told a Georgia federal judge Thursday that it struck a $70,000 deal to end a U.S. Equal Employment Opportunity Commission suit claiming it fired an employee because she asked to work remotely to manage her anxiety and PTSD.

  • July 30, 2025

    DOJ Flags 'Unlawful Discrimination' To Gov't Fund Recipients

    The U.S. Department of Justice has outlined what it considers "unlawful discrimination" that federal funding recipients must avoid, including diversity, equity and inclusion programs, transgender athletes and "proxy" discrimination of assessing a job applicant's "cultural competence."

  • July 30, 2025

    9th Circ. Tells DOL To Hand Over Workforce Data To Reporters

    The Ninth Circuit said Wednesday that the U.S. Department of Labor must release federal contractor demographic reports to the Center for Investigative Reporting, backing a lower court's order that the data can't be concealed from the public under the concern that it contains commercial information.

  • July 30, 2025

    Mayo Clinic Forced Vaccine On Christian Worker, EEOC Says

    The U.S. Equal Employment Opportunity Commission accused the Mayo Clinic on Wednesday of unlawfully threatening to fire a security guard who refused to get the COVID-19 vaccine for religious reasons.

  • July 30, 2025

    Workday Can't Shrink Collective Action Alleging AI Hiring Bias

    A California federal judge declined to cut workers from a collective action claiming Workday used artificial intelligence to discriminate against job applicants, denying the human resources company's arguments that workers who were screened by newly acquired technology were disqualified from the suit.

  • July 30, 2025

    Black Atty Alleges McDermott Fired Her Because Of Her Race

    McDermott Will & Emery LLP failed to address racist comments made during a diversity presentation, kept Black attorneys out of leadership and fired a Black associate who complained that she was repeatedly sidelined because of her race, the former employee alleged Wednesday in Illinois federal court.

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.