Discrimination

  • June 25, 2025

    Trans Worker Says Metal Co.'s Health Plan Discriminatory

    A subsidiary of Kaiser Aluminum discriminated against transgender employees by including an exclusion in its health plan barring coverage for medical treatments related to gender-affirming care, according to a new suit filed in Washington federal court.

  • June 25, 2025

    4th Circ. Backs Johns Hopkins In Vaccine Refuser's ADA Suit

    The Fourth Circuit on Wednesday upheld a Johns Hopkins University lab's defeat of a former engineer's lawsuit claiming she was fired for refusing to get the COVID-19 vaccine because of a Lyme disease-related immune condition, saying the worker didn't provide enough information to justify a medical exemption.

  • June 25, 2025

    Judge OKs Most Of Attorney Fees In MGM Vax Exemption Suit

    A Michigan federal judge on Wednesday awarded nearly $394,000 in attorney fees to a former MGM Grand Casino worker who won a religious bias suit after being fired for refusing the COVID-19 vaccine, slightly cutting the requested award after reducing hours because of discrepancies between two submissions.

  • June 25, 2025

    Fed. Circ. Backs EPA's Firing Of 'Disruptive' Whistleblower

    The Federal Circuit upheld a decision finding the U.S. Environmental Protection Agency would've fired a federal employee even if she wasn't whistleblowing on its failure to submit affirmative employment plans, ruling Wednesday that while there was significant motive to retaliate, there's also evidence the employee was "disrespectful, disruptive and discourteous" toward colleagues.

  • June 25, 2025

    Latino Atty Says Va. Law Firm Axed Him For Flagging Bias

    An employee-side law firm repeatedly stood in the way of a Latino attorney's career advancement, underpaid him, and fired him after he advocated for increasing a Black attorney's pay to match that of a white colleague, a lawsuit filed Wednesday in Maryland federal court said.

  • June 25, 2025

    Muslim Worker Says Meta Censored Pro-Palestinian Views

    Facebook parent Meta disciplined a Muslim employee for statements that supported Palestinians, while declining to penalize those who supported other social and humanitarian movements, according to a new religious bias suit in Texas federal court.

  • June 25, 2025

    Colorado Attorney Settles Bias Suit With DC-Area Firm

    A Colorado lawyer has settled claims she brought against her former employer in December, when she accused the law firm of having "abruptly and unlawfully" terminated her employment due to her age and gender.

  • June 25, 2025

    4th Circ. Backs Biz Management Co. In Retaliatory Firing Suit

    The Fourth Circuit declined to reinstate a retaliation suit from a maintenance company director who said he was fired for complaining that a female colleague was being sexually harassed, ruling his case lacked evidence that bias, not pandemic-related budget constraints, drove his termination.

  • June 25, 2025

    Restored Quorum Could Jump-Start EEOC In 2nd Half Of 2025

    The potential addition of a new Republican member to the U.S. Equal Employment Opportunity Commission would give the agency's leader the quorum she needs to launch precedent-setting litigation and overhaul Biden-era policies. Here's what experts expect from the EEOC in the second half of 2025.

  • June 24, 2025

    New EEOC Suits Plummeted In The 1st Half Of 2025

    The U.S. Equal Employment Opportunity Commission filed 20 fewer lawsuits in the five months since the second Trump administration began than it did during the same time period in 2024. Here’s a look at the cases filed so far by Trump's EEOC.

  • June 24, 2025

    4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery

    The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical System over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.

  • June 24, 2025

    X Corp. Fights Ex-Twitter Workers' Arbitration Bid

    X Corp. challenged a request from former Twitter employees in Washington state to make the social media giant arbitrate claims about unpaid severance and bonuses, telling a federal judge that there is a lack of evidence showing the workers have valid arbitration agreements with the company.

  • June 24, 2025

    10th Circ. Says Ex-US Bank VP Can't Relitigate Bias Suit

    The Tenth Circuit backed the dismissal Tuesday of a suit from an ex-U.S. Bank executive who blamed his termination on age bias, ruling his state law allegations could have been addressed when his federal discrimination claim was resolved by a judge.

  • June 24, 2025

    4 State W&H Laws That Moved The Needle So Far In 2025

    In the first half of 2025, states tackled the litigation consequences of some statutes and continued the trend of developing employment laws that go far beyond the federal floor. Here, Law360 highlights four state law developments that stirred debate.

  • June 24, 2025

    ByteDance Can't Arbitrate Pay Bias Suit, Calif. Court Says

    A California state appellate court has rejected TikTok parent ByteDance Inc.'s bid to make a former employee arbitrate pay discrimination claims against it, saying that an underlying arbitration agreement was unenforceable for requiring her to arbitrate claims while preserving all the Chinese internet technology company's rights and remedies.

  • June 24, 2025

    Texas A&M Escapes Prof's Pregnancy Leave FMLA Suit

    A state appeals court freed Texas A&M University on Tuesday from a lawsuit brought by a professor who was denied tenure, finding that her pregnancy-related leaves fell under a portion of the Family Medical Leave Act under which the university has immunity.

  • June 24, 2025

    Worker Surveilled By Township Loses FMLA Suit At 6th Circ.

    The Sixth Circuit refused Tuesday to revive a suit from a highway department worker who claimed he was fired for taking medical leave, saying an Ohio township's position that a private investigator saw him doing construction work put the termination on solid ground.

  • June 24, 2025

    Ex-J&J Atty's Race Bias Suit Lacks Facts, Company Argues

    Johnson & Johnson Services Inc. told a New Jersey federal court this week that a former in-house data privacy attorney suing the pharmaceuticals giant for discrimination failed to plead any facts supporting her allegation that the company passed her over for a job in favor of a less qualified candidate.

  • June 24, 2025

    DLA Piper Fired IT Worker Because Of Depression, Suit Says

    DLA Piper fired an information technology employee because of his depression and anxiety, he told a New York federal court, saying the firm cited a poor "culture fit" to gloss over terminating him at the end of his medical leave.

  • June 24, 2025

    Exec Says Event Co. Bosses Called Her Too Old For CFO Job

    A former vice president of finance at an endurance event operator has alleged in Massachusetts state court that the company considered her "too old for the C-suite" when it passed her over for the job of chief financial officer, then fired her in retaliation for complaining about age discrimination.

  • June 24, 2025

    Prior Salaries Not An Excuse For Gender Pay Gap, Vet Says

    An animal health company's argument that paying a female veterinary pathologist less than her male counterparts was not motivated by bias because the employer matched incoming male workers' prior salaries is not an adequate defense, she told a New Jersey federal court.

  • June 24, 2025

    Pregnant Worker Fired After Telework Request, EEOC Says

    A restaurant franchisee fired an employee after she announced she was pregnant and asked to work from home to manage her pregnancy-related nausea, the U.S. Equal Employment Opportunity Commission said in a suit filed in South Dakota federal court.

  • June 23, 2025

    Okla. Court Says Race Theory Law Excludes College Classes

    A group of civil rights advocates and their opponent, Oklahoma Attorney General Gentner Drummond, are both claiming victory after the state's high court determined that a 2021 law that blocks the teaching of certain racial and gender topics in public classrooms does not apply to academic speech in higher educational settings.

  • June 23, 2025

    4th Circ. Says Christian's Vaccine Bias Suit Needs 2nd Look

    The Fourth Circuit reinstated a lawsuit Monday accusing a Kaiser Permanente subsidiary of yanking a Christian woman's job offer after rejecting her request to sidestep its COVID-19 vaccine requirement, stating the lower court should reassess the sincerity of her beliefs in light of a recent circuit ruling.

  • June 23, 2025

    Justices Leave Door Open For Retirement Benefit Bias Claims

    The U.S. Supreme Court recently ruled against a retired firefighter and held that the Americans with Disabilities Act suit doesn't prohibit discrimination against people who have left the workforce, but the high court didn't completely foreclose discrimination claims over post-employment benefits.

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.