Discrimination

  • December 08, 2025

    High Court Skips Christian Baker's Wedding Cake Battle

    The U.S. Supreme Court refused Monday to hear a Christian bakery owner's challenge to a California appeals court's decision that the business's policy against selling baked goods for same-sex ceremonies amounted to unlawful discrimination.

  • December 08, 2025

    High Court Wants Feds' Input On Health Workers' Vax Fight

    The U.S. Supreme Court asked Monday for the federal government's input on a group of religious workers' challenge to a pandemic-era New York state policy requiring healthcare providers to make their employees be vaccinated against COVID-19.

  • December 05, 2025

    Colo. Jury Awards $11.5M In HR Society Discrimination Suit

    A Colorado federal jury Friday found a global human resources association racially discriminated against a Black Egyptian former employee and retaliated against her for criticizing her manager's favoritism toward white workers, awarding her a total of $11.5 million in damages.

  • December 05, 2025

    High Court To Weigh Courts' Power Over Arbitration Awards

    The U.S. Supreme Court agreed Dec. 5 to consider whether federal courts have the authority to confirm or overturn arbitration awards arising out of cases they previously exercised authority over, taking up a tricky legal question stemming from a laid-off security guard's discrimination case.

  • December 05, 2025

    NFL Owner's Ex-Aide Agrees To Arbitrate Harassment Suit

    A former assistant to Arizona Cardinals owner Michael Bidwill agreed to proceed with arbitration in her lawsuit accusing Bidwill of harassment, after having previously opposed the move, according to a joint court filing from the parties.

  • December 05, 2025

    ERISA Recap: 4 Rulings Worth Paying Attention To From Nov.

    The Ninth Circuit striking down a class action win for transgender employee health plan participants who said their gender-affirming care denials were discriminatory is just one noteworthy Employee Retirement Income Security Act ruling from November. Here's a recap of that ruling and three others.

  • December 05, 2025

    Law School Admissions Council Settles DEI Staffer's Bias Suit

    The former manager of the Law School Admission Council's diversity program has reached a settlement with the council in her racial discrimination lawsuit alleging she was passed over for promotion because she complained about bias, according to a court order filed Friday.

  • December 05, 2025

    Stone Hilton Wants Cruz Subpoena Tossed In Harassment Suit

    Stone Hilton PLLC is asking a Texas federal court to toss a subpoena from a former executive assistant for information about a firm partner's past tenure with the office of U.S. Sen. Ted Cruz, saying the purpose of the request is to "intimidate, burden and harass."

  • December 05, 2025

    Calif. Forecast: 9th Circ. Hears Travel Nurses' Wage Args

    In the coming week, attorneys should watch for oral arguments at the Ninth Circuit in a proposed class action by travel nurses alleging Kaiser Foundation Hospitals Inc. and a staffing company unlawfully relocated them through false representations about compensation. Here's a look at that case and other labor and employment matters on deck in California.

  • December 05, 2025

    EEOC Opens Up Claims For $21M Columbia Antisemitism Deal

    Columbia University workers who faced harassment on campus because of their Jewish faith can now stake their claim to part of a $21 million settlement between the university and the U.S. Equal Employment Opportunity Commission, the agency announced.

  • December 05, 2025

    11th Circ. Faults Long-Standing Bias Test, Revives Cop's Suit

    The Eleventh Circuit reinstated an Iraq-born police officer's suit alleging he was fired for complaining about racist harassment, chiding a lower court Friday for leaning too heavily on a long-standing legal framework for analyzing workplace bias evidence when ruling against the cop.

  • December 05, 2025

    NYC Lawmakers Overturn Vetoes To Force Pay Equity Study

    The New York City Council overcame vetoes from Mayor Eric Adams to enact laws that will require companies with more than 200 workers to supply pay data to the city, clearing the way for a study that aims to identify where pay equity disparities persist in the city's economy.

  • December 04, 2025

    Beauty Lab Can't Nix EEOC Bias Suit Over Denied Promotion

    An Idaho federal judge refused Thursday to toss a U.S. Equal Employment Opportunity Commission suit claiming a beauty products manufacturer refused to promote a Black employee because she complained about on-the-job race bias, crediting evidence that she faced a series of negative consequences after raising concerns.

  • December 04, 2025

    Harvard Should Allow Union Access To Report, NLRB Says

    The union representing Harvard's campus police should have been able to access the report the school commissioned while investigating how officers handled a 2023 student sexual assault case, National Labor Relations Board prosecutors argued, saying the union needed the report to assess whether it should file a grievance.

  • December 04, 2025

    Fired Worker Slaps Hertz With Pay Equity And Retaliation Suit

    A former worker hit the Hertz Corp. with a lawsuit in Georgia federal court, claiming that the car rental company gave male employees better pay and treatment than women, and eventually fired her for complaining about it. 

  • December 04, 2025

    SDNY Judge Unsure Of Jurisdiction In Maurene Comey Suit

    A Manhattan federal judge said Thursday he may not have jurisdiction over former prosecutor Maurene Comey's suit claiming President Donald Trump's rivalry with her father, former FBI Director James Comey, led to her firing.

  • December 04, 2025

    Airline Pushed Colo. Pilot Out Over Depression, Court Told

    A regional carrier for American Airlines put a Colorado-based pilot through a rigorous training process after learning about her depression and anxiety and denied her request to take time off to address her worsening symptoms, forcing her to resign, according to a complaint filed in federal court.

  • December 04, 2025

    Bipartisan Bill Would Set Guardrails On Employers' AI Use

    A bipartisan coalition of lawmakers introduced legislation Wednesday that mandates employers include human oversight when using automated decision-making software, regularly test their tools and disclose to workers when they're in play.

  • December 04, 2025

    4th Circ. Says Iranian Researcher's EEOC Charge Too Narrow

    The Fourth Circuit refused to revive a suit from an Iranian ex-research assistant who claimed she was berated and forced to resign from her university job, ruling her allegations strayed beyond the scope of her pre-suit U.S. Equal Employment Opportunity Commission charge.

  • December 03, 2025

    FCC OKs $1B UScellular Deal After AT&T Drops DEI Policies

    AT&T got the Federal Communications Commission's approval for its $1 billion UScellular deal Wednesday, following in the wake of rivals Verizon and T-Mobile and becoming the latest of the big three mobile carriers to agree to do away with its diversity, equity and inclusion policies.

  • December 03, 2025

    Wash. Defends Law Limiting Immigrants Working In Jails

    Washington state urged a federal judge to deny King County's attempt to block a law that imposes citizenship and immigration status requirements for local government corrections officers, arguing that it passes legal muster and may soon change anyway.

  • December 03, 2025

    11th Circ. Upholds USPS' Win In Disabled Courier's Bias Suit

    The Eleventh Circuit declined Wednesday to reinstate a U.S. Postal Service courier's discrimination case challenging a work assignment that reduced her shift to 1.5 hours per day due to medical restrictions from an on-the-job injury, finding she offered scant evidence of race, sex, age and disability bias.

  • December 03, 2025

    Colo. Service Provider's 'No Gossip' Policy Illegal, Worker Says

    A payroll and human resources company had an illegal no-gossip agreement that violated Colorado laws that prohibit employment agreements imposing strict restrictions, an account manager says in a proposed class action in state court.

  • December 03, 2025

    7th Circ. Backs Chicago In Officers' Vaccine Bias Suit

    The Seventh Circuit on Tuesday refused to revive a suit lodged by a group of police officers claiming Chicago's COVID-19 vaccination policy violated their constitutional and statutory rights, finding their claim had "no legal merit" and that the city rationally treated them differently to stop the spread of the virus to other employees and the public.

  • December 03, 2025

    Fanatics, NFT Co. Strike Deal To Settle Ex-Exec's FMLA Suit

    Fanatics and a digital collectibles company struck a settlement with a former executive to end a suit alleging he was fired for seeking parental leave, according to a New York federal court order Wednesday.

Expert Analysis

  • Tips As 6th Circ. Narrows Employers' Harassment Liability

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    In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

  • How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

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    With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

  • DOJ's New Initiative Puts Title IX Compliance In Spotlight

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    Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

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    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.