Discrimination

  • August 15, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    An Alabama federal judge refused to block a state law that seeks to curtail diversity, equity and inclusion programs in educational settings, and the Trump administration settled two suits that challenged the use of race in admissions decisions at the U.S. Air Force Academy and the U.S. Military Academy at West Point. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • August 15, 2025

    5th Circ. Says PWFA Was Constitutionally Enacted

    The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.

  • August 15, 2025

    White Police Officer Loses Race Bias Suit At 5th Circ.

    A Fifth Circuit panel won't reinstate a white police officer's claim that his race motivated the department's decision not to promote him to captain, holding Friday that the Louisiana State Police put forth a nondiscriminatory reason for promoting a pair of nonwhite candidates.

  • August 15, 2025

    Split DC Circ. Says Federal Union Not Immune From Bias Suit

    A divided D.C. Circuit panel on Friday reinstated a retired federal worker's discrimination lawsuit against a government workers union, with the majority pushing back on arguments that the allegations must be funneled through a special administrative process outside the courtroom. 

  • August 15, 2025

    Ex-US Bank AI Chief Says He Was Pushed Out Over Race

    The former head of U.S. Bank's artificial intelligence efforts has sued the bank, arguing he was subjected to a biased investigation, replaced by less-qualified white employees and had a new job offer rescinded after defamatory statements by bank employees, in retaliation for reporting race and religion discrimination.

  • August 15, 2025

    4th Circ. Sides With Judiciary In Ex-Defender's Sex Bias Suit

    The Fourth Circuit shot down a former assistant public defender's effort to revive her sexual harassment suit against the federal judiciary, finding Friday that her belief that the judiciary's internal complaint process was unfair, leading her to quit, was not reasonable.

  • August 15, 2025

    Calif. Forecast: 9th Circ. Hears Federal Worker Firings Fight

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case challenging federal layoffs that paid a visit to the U.S. Supreme Court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 15, 2025

    NY Forecast: Class Cert. Args. In Bloomberg Pay Bias Case

    This week, a New York federal magistrate judge will hear arguments over a bid to certify a class of female former employees at Bloomberg LP who claim they were systematically paid less than their male counterparts.

  • August 15, 2025

    Black Ex-Police Chief Can't Save Race Bias Suit At 5th Circ.

    The Fifth Circuit won't undo the dismissal of a Black former police chief's suit claiming he was fired out of racial prejudice, finding in a split ruling that he couldn't overcome a Louisiana city's explanation that he was let go for sharing misinformation about an officer investigation.

  • August 15, 2025

    Jackson Lewis Names New Leader In Austin

    Employment law firm Jackson Lewis has tapped an experienced management-side employment litigator to serve as managing principal of its Austin, Texas, office.

  • August 14, 2025

    Ed. Dept. Effort To Bar School Diversity Programs Blocked

    A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."

  • August 14, 2025

    Lizzo Touring Co. Wants Designer Sanctioned Over Health Info

    Lizzo's touring company urged a California federal judge to sanction a former designer for failing to disclose records of receiving mental health treatment to support her emotional distress claim, arguing Wednesday it was forced to hire its own expert to examine her and prepare a rebuttal without those records. 

  • August 14, 2025

    Ex-Diversity Officer Sues NJ Hospital, Claiming Harassment

    The former diversity and inclusion officer at New Jersey's only public acute-care hospital claimed she endured sexist and racial harassment before she was unlawfully pushed out of her job in violation of the state's Law Against Discrimination, according to a lawsuit filed in state court.

  • August 14, 2025

    Trans Teacher's Battle Over Restrictive Fla. Law Put On Ice

    A Florida federal judge ruled Wednesday that a state law regulating workplace pronouns violates Title VII of the Civil Rights Act but paused a lawsuit by a transgender public school teacher while the Eleventh Circuit considers another suit brought by a transgender sheriff's deputy in Georgia.

  • August 14, 2025

    DC Judge Halts Some USDA Climate Grant Terminations

    A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.

  • August 14, 2025

    Bid To Block Alabama's Anti-DEI Law Rejected

    An Alabama federal judge has rejected a bid to block a state law banning certain diversity, equity and inclusion-related activities at state schools and college campuses, finding the Alabama NAACP and the students and professors who filed suit didn't show that the law is unconstitutionally vague.

  • August 14, 2025

    Fired Nurse Accused Of Stealing Drugs Can't Revive Bias Suit

    The Seventh Circuit declined Thursday to reinstate a fired Salvadoran nurse's suit claiming she was accused of stealing and using opioids at work out of bias for her nationality, stating she failed to put forward evidence that her national origin drove concerns rather than her sluggish behavior.

  • August 14, 2025

    Muldrow Buoys Social Security Worker's Bias Suit At 4th Circ.

    The Fourth Circuit revived a Social Security Administration worker's disability bias suit claiming she was moved to a less desirable role after asking to telework, ruling Thursday that change was enough to keep the case alive under the U.S. Supreme Court's 2024 Muldrow decision.

  • August 14, 2025

    Ga. Court Secretary's Pregnancy Bias Suit Gets Dismissed

    A Georgia federal judge has dismissed a former secretary's pregnancy discrimination suit against a county and the chief judge of its juvenile court, adopting a magistrate judge's recommendation that found the secretary didn't prove that her pregnancy led to her being fired.

  • August 14, 2025

    NJ Gov. Wants Focus On Immunity In Ex-Elections Chief's Suit

    New Jersey Gov. Phil Murphy is urging a Garden State trial court judge to split up discovery in a lawsuit claiming he conspired with top staffers to oust the state's former elections chief, arguing the court first needs to focus on his qualified immunity defense.

  • August 14, 2025

    ESPN Vaccine Mandate Violated Religious Law, Worker Claims

    A South Carolina-based remote ESPN video operator says the sports network, its corporate parent Walt Disney and their executives fired him for refusing a third COVID-19 vaccine dose, resurrecting "state actor" allegations similar to claims in a separate, since-withdrawn lawsuit by the same attorneys in 2023.

  • August 14, 2025

    2nd Circ. Denies NFL Arbitration In Flores Case

    Fired Miami Dolphins coach Brian Flores won efforts to keep his racial discrimination claims against the NFL in federal court, with the Second Circuit finding Thursday that the league cannot force him into arbitration because the organization has unilateral control over the process.

  • August 14, 2025

    Late Filing Fee Kills Ex-MSU Worker's Bias Suit, 6th Circ. Says

    The Sixth Circuit backed the dismissal of an Asian research worker's race and age bias suit claiming Michigan State University handed his job to a younger white employee, saying he neglected to pay a court filing fee on time.

  • August 13, 2025

    Food Hall's New Owner Can't Ditch EEOC Suit, Va. Judge Says

    A Virginia federal judge has sided with the U.S. Equal Employment Opportunity Commission in finding that the new owner of a food hall located in a suburb outside of Washington, D.C., has successor liability in a former employee's discrimination suit alleging a manager used racial slurs.

  • August 13, 2025

    Raytheon Settles Demotion Suit Over Disability Leave

    Raytheon Technologies Corp. and a former employee reached a settlement Wednesday in a suit where the worker said he was demoted for taking time off to treat his recurring migraines and for speaking up about the mistreatment of his team members, according to a notice filed by the defense contractor in Colorado federal court.

Expert Analysis

  • Trump Should Pass On Project 2025's Disparate Impact Plan

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    The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.

  • Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

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    During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

    Excerpt from Practical Guidance
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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Eye On Compliance: When Calif. Jobs Require Driver Licenses

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    With a California law banning unnecessarily requiring job applicants to have driver's licenses rolling out Jan. 1, employers should take to heart the law's goal of preventing discriminatory barriers while they assess and revise their employment materials for compliance, says Ani Khachatryan at Wilson Elser.