Discrimination

  • July 15, 2025

    Michigan Cases To Watch In The 2nd Half Of 2025

    Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.

  • July 15, 2025

    J&J Demands Sanctions Over Atty's 'Frivolous' Bias Suit In NJ

    Johnson & Johnson has blasted a former in-house data privacy attorney's discrimination suit against the company as "baseless and defamatory" and demanded sanctions against the ex-employee in New Jersey federal court.

  • July 15, 2025

    NJ Equal Pay Law For Temps Caught In The Crosshairs

    With an ongoing legal challenge and pushback from businesses, New Jersey's landmark temp worker bill of rights, which requires equal pay for equal work, shows the difficulty of modernizing wage and hour law, attorneys say.

  • July 15, 2025

    Law Curbing Arbitration Keeps AutoNation Bias Suit In Court

    AutoNation Inc. can't arbitrate a former sales associate's lawsuit claiming supervisors treated her differently because she's an older Black woman and made sexual comments in the workplace, a California state appeals court ruled, saying her case is shielded by a federal law prohibiting mandatory arbitration of sex harassment cases.

  • July 15, 2025

    4th Circ. Finds No Evidence Of Bias In HVAC Worker's Suit

    The Fourth Circuit backed the dismissal of a Black former HVAC worker's suit claiming he was placed on leave and disciplined by a Maryland school board out of racial bias, ruling he failed to counter evidence that he lost his job for threatening a supervisor and clashing with co-workers.

  • July 15, 2025

    UnitedHealth, Optum Accused Of Pregnancy Discrimination

    Optum Care Inc. and parent company UnitedHealth Group fired a care team supervisor while she was on maternity leave without a tangible reason, according to a suit lodged in California state court.

  • July 15, 2025

    Public Sector Labor Policy Expert Joins Fox Rothschild

    A longtime government attorney with years of experience in labor law and policy has jumped into the private sector, coming aboard Fox Rothschild's Washington, D.C., office as of counsel in the firm's labor and employment department.

  • July 14, 2025

    7th Circ. Upholds Exxon's Win In Ex-Lab Tech's Sex Bias Suit

    The Seventh Circuit on Monday refused to revive a former ExxonMobil Corp. employee's sex discrimination suit against the major oil and gas company, saying the woman failed to prove she was treated less favorably than male colleagues in the lead-up to her termination.

  • July 14, 2025

    CWA Was Not Biased Against White Member, Judge Says

    A New York federal court should find that the Communications Workers of America did not racially discriminate against a white Verizon worker by declining to arbitrate his firing grievance, a magistrate judge said, concluding evidence shows the union did not think it would win.

  • July 14, 2025

    Mich. Judge Claims Watchdog's Process Violates Due Process

    A Michigan judge accused by the state's judicial watchdog of creating a "climate of fear" among court staff is fighting the accusations, saying interpersonal issues were related to her "desire for accurate records, professionalism and respect" and calling the commission's pursuit of charges "misdirected and unfair."

  • July 14, 2025

    Judge Suggests Pruning Ex-Turner Sports Worker's Bias Suit

    A Georgia federal magistrate judge said Monday that the court should trim a former Turner Sports human resources employee's lawsuit claiming she was denied severance benefits when she quit following the merger of Discovery Inc. and WarnerMedia, saying the worker couldn't support allegations that an executive's statements caused her harm.

  • July 14, 2025

    Ga. Contractor Denies Harassment Claims In EEOC Lawsuit

    A Georgia construction contractor has denied claims from the U.S. Equal Employment Opportunity Commission that a former employee of the company faced years of sexual harassment and groping from its owner and CEO.

  • July 14, 2025

    9th Circ. Keeps Alive Part Of Prof's DEI Free Speech Fight

    A California professor can continue to sue his community college district over its enforcement of certain state regulations proscribing diversity and inclusion practices because they press on his free speech rights, the Ninth Circuit said, but stopped short of reviving the entire lawsuit.

  • July 14, 2025

    Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win

    A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.

  • July 14, 2025

    11th Circuit Backs DOJ In Disability Bias, FMLA Suit Dismissal

    A former supervisor of education at a Florida federal prison was late in challenging the U.S. Department of Justice's denial of her accommodation request for anxiety and adjustment disorder, the Eleventh Circuit ruled on Monday, upholding a federal court's decision dismissing her suit.

  • July 14, 2025

    Fla. Says High Court Rulings Back Trans Care Medicaid Ban

    Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.

  • July 14, 2025

    5th Circ. Revives Suit Accusing UT Of Race-Based Admissions

    A Fifth Circuit panel partially revived a lawsuit accusing the University of Texas at Austin of continuing to consider race in admissions decisions despite the U.S. Supreme Court's 2023 decision ending affirmative action programs.

  • July 14, 2025

    Mich. Jury Sides With Red Cross In COVID Vax Refusal Suit

    A Michigan federal jury on Monday found that a former American Red Cross nurse's request for an exemption from the organization's COVID-19 vaccine mandate wasn't based on a sincere religious belief that barred her from getting the injection, rejecting the worker's request for more than $6 million in damages for her firing.

  • July 14, 2025

    Ex-DOJ Employment Litigation Deputy Joins Kalijarvi Chuzi

    The former deputy chief of the employment litigation section of the Department of Justice's Civil Rights Division has joined the D.C. employment boutique Kalijarvi Chuzi Newman & Fitch PC, the firm said Monday.

  • July 14, 2025

    End Of NJ Municipal Court Official's Harassment Suit Upheld

    A former New Jersey municipal court administrator cannot sue the state Administrative Office of the Courts in a sexual harassment case because she was never an employee of the office, the state Appellate Division said Monday in a published opinion.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 14, 2025

    Ex-City Workers' Disability Bias Suit Should Fail, Judge Says

    An Atlanta suburb shouldn't have to face a suit alleging it fired two employees because of their stress and anxiety, a Georgia federal magistrate judge recommended, saying neither worker could overcome explanations that poor performance cost her the job.

  • July 14, 2025

    Calif. Panel Upends Arbitration Pact In Worker's Firing Suit

    A Charter Communications worker's wrongful termination suit should not have been sent to arbitration, a California appeals court said, after finding the company's alternative dispute resolution pact held one-sided provisions and made it difficult for employees to opt out.

  • July 11, 2025

    2025's Bias Class Deals On Track To Best '24, Report Says

    The value of the top settlements in employment discrimination class actions in the first half of 2025 was over $220 million, which is on pace to exceed the value of last year's largest set of deals, according to a new Duane Morris LLP report.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

Expert Analysis

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.