Discrimination

  • 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.

  • July 11, 2025

    Former NC Rep. Says State Law Covers Discrimination Suit

    A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.

  • July 11, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    A trio of top congressional Democrats asked the U.S. Equal Employment Opportunity Commission's acting head to provide details about her efforts to obtain information from major law firms about their diversity, equity and inclusion practices. Meanwhile, IBM Corp. resolved a suit by a white male former consultant who alleged he was pushed out due to workforce diversity quotas. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • July 11, 2025

    Fired Red Cross Vax Refuser Seeks $6M As Jury Trial Wraps

    An attorney for a nurse fired from the American Red Cross after being denied religious accommodation from the COVID-19 vaccine mandate asked a Detroit federal jury Friday for more than $6 million in damages for what he said was the organization's disregard of the woman's beliefs.

  • July 11, 2025

    Clorox And Ex-HR Manager Agree To End Race Bias Suit

    Clorox and one of its former human resources managers have agreed to settle the ex-worker's suit alleging she was forced out of her job for refusing to drop racial bias concerns related to the company's hiring practices, according to a joint stipulation filed in federal court.

  • July 11, 2025

    NJ Atty's Bias Suit Against McCarter & English Gets Trimmed

    A New Jersey state judge has largely narrowed the scope of a former McCarter & English LLP attorney's anti-veteran discrimination and whistleblower retaliation lawsuit against the firm, but allowed certain claims under a federal veterans rights law to proceed.

  • July 11, 2025

    Ex-Judge Pushes Back Against NJ's Stance On Her Conduct

    A former workers' compensation judge has pushed back in her suit over her removal after the state of New Jersey said her conduct around discovery raises safety concerns of individuals she has targeted, telling a state court it's New Jersey that has engaged in harassing conduct.

  • July 11, 2025

    Calif. Forecast: Court Weighs Google's $50M Racial Bias Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a $50 million deal between Google and Black workers who alleged the technology giant discriminated against them based on race. Here's a look at that case and other labor and employment matters on deck in California.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 11, 2025

    11th Circ. Revives Black Worker's Promotion Bias Suit

    The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.

  • July 10, 2025

    Stanford Accused Of Fostering Antisemitism In Bias Suit

    A former Stanford University research fellow from Israel sued the university and a lab director in California federal court on Thursday, alleging that they fostered antisemitism on campus, retaliated against him for reporting discrimination and ultimately forced him to resign.

  • July 10, 2025

    Vax Refuser Tells Jury Red Cross Mandate Was 'Unsettling'

    A former nurse for the American Red Cross said the organization's requirement that employees receive a COVID-19 vaccine was "unsettling" to her and led to physical manifestations of stress, as she testified before a federal jury on Thursday that she believed receiving the injection went against her religious beliefs.

  • July 10, 2025

    Black Worker Claims Bias At Nuclear Safety Organization

    A nuclear power safety organization repeatedly promoted white men rather than a more qualified Black woman, the worker told a Georgia federal court Thursday, claiming the group has endeavored for years to keep Black employees out of leadership positions.

  • July 10, 2025

    Samsung Accused Of Retaliating Against Pregnant NJ Worker

    A former senior product manager has filed a pregnancy discrimination lawsuit in New Jersey state court against Samsung Electronics America Inc. and the staffing agency cyberThink Inc., alleging she was unlawfully terminated shortly after disclosing her pregnancy and requesting modest workplace accommodations.

  • July 10, 2025

    House Dem Says FCC Must Follow Law On DEI Probes

    A House Democrat who helps oversee the Federal Communications Commission says agency chief Brendan Carr must avoid any hint of targeting companies' diversity initiatives for political reasons rather than legal rationale against discrimination.

  • July 10, 2025

    Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit

    The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.

  • July 10, 2025

    8th Circ. Backs EEOC Win In Deaf Bias Row With Trucking Co.

    The Eighth Circuit declined on Thursday to upend decisions in favor of the U.S. Equal Employment Opportunity Commission in its lawsuit accusing a trucking company of refusing to hire a driver because he's deaf, rejecting the employer's argument that the applicant wasn't qualified for the job.

  • July 10, 2025

    Ga. Sheriff Fired Deputy For Supporting Rival, Suit Says

    Fulton County, Georgia, its sheriff's office and its sheriff have been sued in federal court by a former sheriff's office employee who alleged he was fired because he supported the sheriff's political opponent in the 2024 election.

  • July 10, 2025

    11th Circ. Keeps County Win In Prison Promotion Bias Row

    The Eleventh Circuit kept intact a Georgia district court's decision to toss a county prison counselor's suit claiming she was passed over for promotion because of her gender, ruling Thursday that she lacked evidence to support a discrimination claim.

  • July 10, 2025

    6th Circ. Sinks Ex-Christian School Dean's Racial Bias Claims

    A Christian school's onetime dean of students cannot have his dismissed race and sex discrimination lawsuit revived because his former position falls under a ministerial exception that bars employment claims, the Sixth Circuit has found.

  • July 10, 2025

    Veteran In-House Atty Heads McAllister Olivarius' US Practice

    A former general counsel at PepsiCo and GE is now head of the U.S. practice at McAllister Olivarius, bringing decades of in-house experience to the British-American firm that represents survivors of sexual abuse, harassment and discrimination, according to an announcement.

  • July 09, 2025

    3 Dress Code Tips For Employers As Summer Temps Rise

    With summer temperatures nearing their annual apex in much of the U.S., employers have plenty of leeway to implement dress codes and grooming policies that balance comfort and professionalism, but attorneys say there are still a few land mines to sidestep along the way. Here, experts discuss three ways employers can craft dress codes while staying on the right side of antidiscrimination law.

  • July 09, 2025

    Boston U. Beats Ex-Worker's Suit Over Sex Harassment Probe

    Boston University defeated a former maintenance employee's lawsuit alleging the school bungled its investigation into a sexual harassment complaint against him, with a Massachusetts federal judge ruling the worker's claim was preempted by federal labor law because it required examining his union contract.

  • July 09, 2025

    3rd Circ. Probes 'Disruption' By Alt-Right Ex-Prof's Speech

    A Third Circuit panel pressed the New Jersey Institute of Technology on Wednesday to show that what it called racist off-campus comments by a professor had caused such a disruption that it had to fire him, with one judge asking where they should draw the First Amendment line for free speech.

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.