Discrimination

  • June 12, 2025

    Battery-Maker Resolves EEOC's Medical Release Policy Suit

    A Michigan battery manufacturer and energy storage company agreed to pay $95,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit accusing it of firing an office worker after he broke his wrist because he wasn't completely healed, according to a Thursday filing in federal court.

  • June 12, 2025

    8th Circ. Revives ADA Suits Over Union Pacific Fitness Tests

    The Eighth Circuit revived two discrimination suits Thursday from workers who said Union Pacific Railroad Co. used fitness for duty tests to screen out workers with disabilities, ruling the limitations clock on their claims were frozen by a separate class action the Eighth Circuit decertified in 2020.

  • June 12, 2025

    6th Circ. Probes County's Push To Upend Worker's ADA Win

    The Sixth Circuit had tough questions Thursday for a Tennessee county trying to upend a jury win for a worker with night blindness who said her firing violated disability bias law, with one judge saying the county relied on a decision issued before the law's definition of disability was expanded.

  • June 12, 2025

    GOP Floats Ban On Bias Against Binary Gender Proponents

    A Republican senator has proposed modifying federal civil rights law to bar discrimination against workers who view a person's gender as strictly male or female, following President Donald Trump's order earlier this year that the executive branch would only recognize two genders.

  • June 12, 2025

    DC Judge Skeptical That Politics Sparked FBI Agent's Firing

    A D.C. federal judge on Thursday sought to suss out whether the appearance of bias or GOP outcry was to blame for the firing of an FBI agent whose text messages disparaging President Donald Trump became public.

  • June 12, 2025

    11th Circ. Won't Revive Nurses' African Bias, Retaliation Suit

    The Eleventh Circuit on Thursday backed an Atlanta hospital's defeat of a lawsuit claiming it disciplined and fired two nurses who complained that a supervisor made derogatory comments about African employees, saying neither woman could overcome evidence of their misconduct.

  • June 12, 2025

    Unifi Aviation Sued For Firing Ga. Worker After FMLA Approval

    The largest aviation ground handling service in North America has been sued in Georgia federal court by a woman who alleges she was pressured to speak with a male manager about her reproductive issues after requesting medical leave, then fired once that leave was approved.

  • June 12, 2025

    Athletes Revive Title IX Objections In NIL Settlement Appeal

    Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.

  • June 12, 2025

    Trans Ex-Teacher's Resignation Sinks Bias Suit, Fla. Says

    Florida's education agencies urged a federal judge Thursday to toss a transgender ex-teacher's suit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, stating his claims fail because he resigned before the new rules took effect.

  • June 12, 2025

    Judge Hints Signature Is Evidence Staffer Waived Jury Trial

    A New Jersey state court judge appeared skeptical Thursday of a fired Blume Forte Fried Zerres & Molinari staffer's argument that an arbitration agreement she signed as part of the firm's onboarding process is invalid because it was never explained to her, and she has no recollection of signing it.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 12, 2025

    NY State Advances Bill To Shield Jury Awards In Bias Cases

    A bill that would block judges from decreasing awards in employment discrimination cases cleared New York's state Senate along party lines, marking a step forward in legislators' effort to curb second-guessing of state juries.

  • June 12, 2025

    Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict

    Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.

  • June 12, 2025

    High Court Levels ADA Playing Field For Disabled Students

    The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should not face a higher standard of proof than plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.

  • June 11, 2025

    Fed. Circ. Says VA Worker Must Submit To Random Drug Tests

    The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.

  • June 11, 2025

    UNC Hospital System Must Face Ex-Resident's Bias Suit

    The University of North Carolina's hospital system must face a discrimination lawsuit filed by a fired surgical resident, a North Carolina federal judge ruled Wednesday, tossing the system's motion to dismiss claims that the discharge decision was motivated by bias against the resident's mental health conditions.

  • June 11, 2025

    Credit Agricole Boss Can't Knock Out Ex-Banker's Bias Suit

    A New York federal judge narrowed but declined to completely toss a bias suit from a Latinx Credit Agricole trader who said his boss repeatedly disrespected him, handed his responsibilities to a white trader and then tanked his performance review after he complained. 

  • June 11, 2025

    Trump's Anti-DEI Tack Merits Revisiting Voluntary Bias Audits

    The Trump administration's willingness to target alleged discrimination stemming from efforts to diversify workplaces doesn't rewrite the rules for internal audits looking to ferret out bias, experts say, but employers would still be wise to give their practices a fresh look.

  • June 11, 2025

    8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling

    An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.

  • June 11, 2025

    Walmart Pharmacist Says Age, Disability Bias Led To Firing

    A former pharmacy manager at a Massachusetts Walmart said he suffered age and disability discrimination following a stroke, then was wrongfully fired after more than 20 years with the retailer.

  • June 11, 2025

    8th Circ. Weighs Protections For Principal's LGTBQ+ Support

    The Eighth Circuit closely scrutinized a former public school principal's free speech case over her advocacy for LGBTQ+ students Wednesday, with the judges hunting for the line at which her campaign may have crossed into protected activity.

  • June 11, 2025

    Siemens Unit Settles Calif. Watchdog's Racial Slur Probe

    California's civil rights enforcement agency said Wednesday that a railway technology company had settled an investigation into a worker's claims that he was wrongly suspended and escorted off the job after complaining about co-workers using racial slurs.

  • June 11, 2025

    Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit

    The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.

  • June 11, 2025

    DOL, EEOC Noms To Go Before Senate Panel

    President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.

  • June 11, 2025

    Disney's Hiring Is Biased Toward Immigrants, Calif. Court Told

    The Walt Disney Co. illegally fired a human resources specialist because she raised concerns about what she saw as the company's practices of primarily hiring immigrant workers while disproportionately firing African American employees, she told a California state court.

Expert Analysis

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.