Discrimination

  • April 25, 2025

    J&J Unit Sees Claims Trimmed In Engineer's Bias Suit

    A Johnson & Johnson-owned prosthetics company does not have to face claims that an engineer filed his lawsuit, alleging violations of the Family and Medical Leave Act, too late, a Massachusetts federal judge ruled Friday, but determined some of the allegations are timely and can proceed.

  • April 25, 2025

    BigLaw Partners, Judges Back Susman Godfrey In EO Suit

    Hundreds of BigLaw partners and former judges on Friday threw their support behind Susman Godfrey LLP's lawsuit in D.C. federal court over President Donald Trump's executive order targeting the firm, warning that if "the independent bar is cowed into submission" it will threaten "the rule of law itself."

  • April 25, 2025

    Teachers Union Blocks Feds From Freezing Funds Over DEI

    The federal government can't revoke funding from schools associated with the National Education Association and two other educator groups because of the institutions' diversity, equity and inclusion policies, a New Hampshire federal judge ruled, saying the organizations will likely succeed in their suit claiming government guidance was unlawfully vague.

  • April 25, 2025

    NJ Firm Says Worker's Discovery Failures Doom Wage Suit

    A former employee of a personal injury law firm has failed to respond to its discovery requests in her lawsuit alleging she was paid less than men and harassed while she was pregnant, and her case should therefore be thrown out, the firm told a New Jersey state court.

  • April 25, 2025

    NY Forecast: 2nd Circ. Hears Suit Over Contract Translation

    This week, the Second Circuit will consider whether to revive a lawsuit brought by a former New York City day care center worker who claims he was denied overtime pay under state and federal law.

  • April 25, 2025

    Wells Fargo Looks To Upend $22M Disability Bias Loss

    Wells Fargo is turning to the Fourth Circuit to challenge a $22.1 million verdict in an Americans with Disabilities Act case claiming the banking giant fired an investment director for requesting telework, according to a North Carolina federal court filing.

  • April 24, 2025

    1st Circ. Revives Honeywell Ex-Manager's Bias Suit

    The First Circuit on Thursday revived a former Honeywell Aerospace manager's employment discrimination claims against the aircraft manufacturer, ruling in a published opinion that a federal court in Puerto Rico erroneously tossed the former employee's case for being untimely.

  • April 24, 2025

    Christian Groups Aim To Back Trump On EEOC Member's Suit

    Two Christian organizations asked a D.C. federal judge Thursday to consider their concerns on ex-EEOC Commissioner Jocelyn Samuels' suit challenging President Donald Trump's decision to remove her from the agency, arguing the Democrat's potential reinstatement and support for certain policies could harm their religious freedom.

  • April 24, 2025

    9th Circ. Revives Sealy Factory Worker's Sex Harassment Suit

    The Ninth Circuit reopened a lawsuit Thursday accusing mattress giant Sealy Inc. of not properly addressing a manager's unwelcome sexual advances toward a Washington state factory worker, saying the former employee adequately alleged the company didn't keep a close enough eye on the supervisor.

  • April 24, 2025

    Trump Spurning Disparate Impact Marks Sharp Turn For EEOC

    President Donald Trump's recent executive order repudiating the concept of disparate impact discrimination will change the U.S. Equal Employment Opportunity Commission's enforcement outlook, but its impact on private litigation will likely be limited, experts say.

  • April 24, 2025

    Mich. Judge Won't Halt Atty's State Cases For Retaliation Suit

    An attorney pursuing a sexual harassment suit against her former boss and mentor should ask the Michigan state court to stay allegedly retaliatory actions pending there, a Michigan federal judge has ruled, denying the lawyer's request to step in under the All Writs Act to pause the related actions.

  • April 24, 2025

    Apple Settles Former IP Executive's Age Bias Suit

    Apple has resolved a former intellectual property enforcement executive's lawsuit claiming he was unlawfully denied a hefty stock retention bonus because he was in his 60s, according to a filing in California federal court.

  • April 24, 2025

    Jushi Hit With Age Bias Suit By Ex-Pa. Facility Controller

    Pot giant Jushi was sued Thursday by a former controller at its Scranton, Pennsylvania, facility who claims a younger, male controller was hired ahead of her being terminated without a performance review.

  • April 24, 2025

    Trump Asks Justices To Lift Pause On Transgender Troop Ban

    The Trump administration urged the U.S. Supreme Court on Thursday to lift a Washington federal judge's order prohibiting enforcement of the Pentagon's ban on transgender military service, arguing that the ruling contradicts two emergency docket orders issued during President Donald Trump's first term.

  • April 24, 2025

    Harvard Seeks To Move 'Swiftly' In $2B Fund Freeze Suit

    Harvard University is seeking to move as quickly as possible to get to the merits of its suit challenging the Trump administration's $2.2 billion funding freeze, asking a Massachusetts federal judge to expedite discovery and briefing.

  • April 24, 2025

    Ex-Jabil Worker's Disability Bias Suit Heads To Trial

    Manufacturing giant Jabil can't sink an ex-worker's suit claiming he was fired for requesting part-time work to manage a joint disease, a Pennsylvania federal judge ruled, saying a jury needs to sort out whether the company could have offered him a lighter workload.

  • April 24, 2025

    EEOC Plans Employer Data Push Without 'Nonbinary' Option

    The U.S. Equal Employment Opportunity Commission is moving ahead with plans to collect workforce demographic data from employers, but has asked the White House to let it eliminate the "nonbinary" option for categorizing workers.

  • April 24, 2025

    Fox Rothschild Welcomes 29 New Partners

    Fox Rothschild LLP has elevated 29 attorneys in 19 cities and 11 practice groups to partner, and promoted four associates to counsel, the firm announced.

  • April 23, 2025

    Susman Godfrey Seeks Permanent Shut Down Of Trump Order

    Susman Godfrey LLP on Wednesday urged a D.C. federal court to permanently block President Donald Trump's executive order revoking the law firm's access to government resources, chiding the order as a clear case of "unconstitutional retaliation" and an obvious bid to "chill protected advocacy."

  • April 23, 2025

    Trump Order Directs Feds To Disregard Disparate Impact

    President Donald Trump signed an executive order Wednesday instructing federal agencies to stop treating disparate impact as a viable theory of liability in discrimination matters, staying in line with his quest to eliminate the philosophy of diversity, equity and inclusion, and echoing policy suggestions floated in the conservative Heritage Foundation's Project 2025.

  • April 23, 2025

    DC Judges Doubt Feds' Rationale For Orders Against Firms

    Two D.C. federal judges on Wednesday expressed skepticism toward the Trump administration's justifications for targeting WilmerHale and Perkins Coie LLP with executive orders, with one judge invoking a comparison to the Red Scare.

  • April 23, 2025

    Ex-Exec Says Centene Harassed Him Over Void Noncompete

    A former vice president at Centene claims in a new Illinois federal court lawsuit that the company has engaged in a campaign of harassment, threats and bullying directed at him and his new employer, based on a noncompete agreement he alleges is void.

  • April 23, 2025

    Wash. AG Tries To Move O'Reilly Pregnancy Bias Suit To Trial

    The Washington State Attorney General's Office is fighting O'Reilly Auto's recent bid to avoid trial in an employment discrimination case, pointing to evidence it claims shows the company "mocked and otherwise discriminated against pregnant workers, and retaliated against them for being pregnant."

  • April 23, 2025

    Trulieve Resolves Ex-Manager's Age Bias Firing Suit

    Nationwide cannabis company Trulieve Inc. has resolved a suit in Florida federal court by a former regional manager who alleged he was fired based on his age and in retaliation for assisting in another employee's discrimination charge.

  • April 23, 2025

    Judge Won't Sign Off On $1.4M EEOC Race Harassment Deal

    A Florida federal judge refused to greenlight a $1.4 million deal to end a U.S. Equal Employment Opportunity Commission racial harassment suit against a waste management company, faulting the parties for failing to give the court key details.

Expert Analysis

  • Ring In The New Year With An Updated Employee Handbook

    Author Photo

    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

    Author Photo

    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Justices Mull Sex-Based Classification In Trans Law Case

    Author Photo

    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

    Author Photo

    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

    Author Photo

    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

    Author Photo

    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

    Author Photo

    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Key Requirements In New Maryland Pay Transparency Laws

    Author Photo

    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

    Author Photo

    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
    Author Photo

    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

    Author Photo

    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

    Author Photo

    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

    Author Photo

    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.