Discrimination

  • July 15, 2025

    Feds Urge Calif. Judge To End Suit Over Border Patrol Sweep

    The U.S. government moved Tuesday to end a proposed class action alleging Border Patrol agents conducted race-based stops and warrantless arrests of people who appear to be farmworkers, arguing the government has required agents to evaluate flight risks and reasonable suspicion for stops, which renders the suit's claims moot.

  • July 15, 2025

    9th Circ. Backs United Airlines In Worker's Diabetes Bias Suit

    The Ninth Circuit upheld United Airlines' win over a lawsuit claiming it refused to accommodate a diabetic employee's restriction barring her from operating a jet bridge, ruling Tuesday that the airline wasn't required to modify the worker's duties to meet her needs.

  • July 15, 2025

    Ex-Navistar Worker Sues Over Tobacco Health Fee

    A former employee sued International Motors LLC, formerly Navistar, in Illinois federal court Monday, saying it imposes "discriminatory and punitive health insurance surcharges" on workers who smoke without offering an alternative that would allow them to recoup the additional $600 they pay annually.

  • July 15, 2025

    Pa. Judge Updates Damages In School District Pay Bias Case

    A Pennsylvania federal judge on Tuesday adjusted the amount of back pay two female teachers should receive after a jury handed them a win on their claims that a Pennsylvania school district paid them less than men, and also signed off on liquidated damages.

  • July 15, 2025

    Harrah's Accused Of Firing Supervisor Over Health Issues

    A housekeeping supervisor said Harrah's Resort Atlantic City used flimsy reasoning to fire her after she sought time off for multiple health problems in a complaint filed in New Jersey federal court.

  • July 15, 2025

    11th Circ. Backs $50K Verdict In Ex-Koch Nurse's Assault Suit

    The Eleventh Circuit on Tuesday let stand a $50,000 verdict in favor of a former Koch Foods nurse against two human resource managers at a food plant whom she accused of assault and battery, saying jurors reached a viable conclusion.

  • July 15, 2025

    Kroger, Union Shouldn't Face Disability Bias Suit, Judge Says

    Kroger and a United Food and Commercial Workers local shouldn't have to face a lawsuit alleging they unlawfully refused to let a family member accompany a disabled grocery clerk during a disciplinary appeal, a Georgia federal magistrate judge recommended, saying accommodations weren't required after the worker was terminated.

  • 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.

Expert Analysis

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    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.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • 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.