Discrimination

  • August 18, 2025

    Accountant Says Property Co. Fired Her During FMLA Leave

    A property management company terminated an accountant three days before she was scheduled to return to work following gallbladder surgery, telling her the job was being outsourced when in reality her duties were assigned to other employees, she said in a suit filed in Ohio federal court.

  • August 15, 2025

    DOJ Backs Small Biz In Gender Dysphoria Coverage Dispute

    The U.S. Department of Justice told a New Hampshire federal court Friday that employers are not required under federal anti-discrimination laws to provide medical coverage for gender dysphoria, and that federal religious freedom law protects a turbomachinery company from covering a transgender employee's treatment for the disorder.

  • August 15, 2025

    Trump Admin Calls Judge's Inaction An 'Affront' To High Court

    The Trump administration said a Massachusetts federal judge who didn't vacate a decision barring certain staffing cuts at the U.S. Department of Education is showing "disregard" to a recent U.S. Supreme Court ruling, calling it an "affront" to the high court's authority.

  • 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.

Expert Analysis

  • Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs

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    Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny

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    The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • How Deregulation Could Undermine Trump's Anti-DEI Agenda

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    While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.

  • 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.