Discrimination

  • May 14, 2025

    7th Circ. Partially Revives Pregnancy Bias Suit Against Ill. DHS

    A Seventh Circuit panel on Wednesday partially reversed an Illinois federal court's decision giving the Illinois Department of Human Services a win on two former workers' claims of illegal pregnancy-related firings, saying that there are still open factual questions as to one worker.

  • May 14, 2025

    Risks Abound For Higher Ed As Top Court Ruling Turns 2

    Since the U.S. Supreme Court struck down affirmative action in higher education admissions, schools around the country have been looking for innovative ways to achieve diversity on campus amid constant threats of additional litigation that could make them the next high-profile high court case.

  • May 14, 2025

    11th Circ. Won't Reopen White DOD Worker's Race Bias Suit

    The Eleventh Circuit refused to revive a commissary worker's lawsuit claiming the U.S. Department of Defense threatened to suspend her over a Black colleague's false accusations that she'd used a racial slur, ruling Wednesday that she failed to show the agency proposed the discipline because she's white.

  • May 14, 2025

    8th Circ. Raises Safety Questions In Deaf Driver's EEOC Case

    An Eighth Circuit panel fired off questions to a U.S. Equal Employment Opportunity Commission lawyer Wednesday about the agency's trial win on behalf of a deaf truck driver applicant, homing in on the trucking company's contention that safety concerns were behind its decision not to hire him. 

  • May 14, 2025

    7th Circ. Judge Skeptical Of Bias In Exxon Worker's Firing

    A Seventh Circuit judge on Wednesday questioned what evidence a former employee asking the court to revive her discrimination and retaliation lawsuit against ExxonMobil had to refute the company's assertion that it fired her after she behaved unprofessionally and stormed out of a negative performance review.

  • May 14, 2025

    Black Worker Says GM, UAW Failed To Stop Harassment

    General Motors and United Auto Workers failed to step in after a Black employee complained that a white colleague began stalking her after she started dating her ex-boyfriend and instead forced the Black worker to move departments, a lawsuit filed in New York federal court said.

  • May 14, 2025

    USPS Must Cough Up Discipline Data, NLRB Judge Says

    The U.S. Postal Service violated federal labor law by withholding disciplinary records that a union needed to resolve a grievance at a facility in Benton Harbor, Michigan, a National Labor Relations Board judge has ruled, ordering the Postal Service to hand over the records within two weeks.

  • May 14, 2025

    6th Circ. Backs Children's Hospital In Suit Over COVID Testing

    The Sixth Circuit declined Wednesday to reinstate a pharmacist's suit claiming she was illegally fired for refusing to undergo COVID-19 testing on religious grounds, stating she would have put immunocompromised children at risk if her pediatric hospital let her dodge testing.

  • May 14, 2025

    Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says

    A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.

  • May 14, 2025

    NJ Firm Blume Forte Seeks To Arbitrate Disability Bias Claims

    New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC is seeking to force the arbitration of claims from a former staffer regarding her dismissal after being hospitalized for a seizure.

  • May 14, 2025

    Union Pacific Beats Bias Suit Over Color Vision Tests

    Union Pacific defeated a lawsuit claiming it pushed out three conductors because they failed its color vision tests, as a California federal judge ruled the workers couldn't show they were qualified for the jobs or were removed because of a perceived disability.

  • May 14, 2025

    Fisher Phillips Opens Alabama Office With 6 Attorneys

    Employer-side labor law firm Fisher Phillips announced Tuesday the opening of a new six-attorney office in Birmingham, Alabama, its second office opening this month.

  • May 14, 2025

    EEOC Wants Court's Help Getting Info In Race Bias Probe

    The U.S. Equal Employment Opportunity Commission has turned to a Chicago federal judge after a packaging company refused to divulge information the agency asked for in an investigation into whether the company made hiring decisions for specific facilities based on workers' race, age or gender.

  • May 14, 2025

    Jewish Worker Says Charter Targeted Her For Flagging Pay

    Charter Communications questioned a Jewish worker's faith after she took time off to treat a kidney infection and threatened to fire her after she fixed workers' time cards to ensure they were paid for all their hours, she alleged in a complaint filed in New York federal court.

  • May 14, 2025

    Monitor Says Okla. Pot Agency Fired Her For Blowing Whistle

    A former contract monitor for the Oklahoma Medical Marijuana Authority is suing the agency, alleging she was wrongly fired and had her file marked "no rehire," preventing her from finding other government work, in retaliation for reporting on a conflict of interest.

  • May 13, 2025

    Ex-Twitter Staff Move To Force Musk's X Corp. Into Arbitration

    Laid-off Twitter Inc. employees in Washington state asked a federal judge to make their ex-employer arbitrate claims that it stiffed them on severance and bonuses, saying the company now known as X Corp. has "refused to proceed with arbitration, despite having successfully blocked employees from pursuing their claims in court."

  • May 13, 2025

    EFAA 'Election' Question Remains After 6th Circ. Ruling

    A Sixth Circuit ruling Monday sending a harassment case to arbitration skirted the issue of how plaintiffs must invoke the shield of a 2022 law barring mandatory arbitration of sexual harassment and assault claims, but experts say it's unlikely workers would have to use any "magic words" to keep their cases in court.

  • May 13, 2025

    Planned Parenthood Wants Teen Program Fund Rule Blocked

    Planned Parenthood on Monday urged a D.C. federal judge to vacate the U.S. government's "unlawful" requirements to "align" with President Donald Trump's executive orders lest risk losing Teen Pregnancy Prevention Program funding, arguing its facilities will suffer staff cuts and loss of medically accurate, age-appropriate education services absent an injunction.

  • May 13, 2025

    1st Circ. Rejects New Trial Bids In Ex-Worker's Retaliation Suit

    The First Circuit said Tuesday that neither an ex-worker nor a demolition company are owed a new trial in a suit alleging the employee was unlawfully fired for requesting a lighter workload following a hip injury, finding his $10,000 jury win was supported by evidence.

  • May 13, 2025

    Judge Trims Ex-Law Student's Bias Suit Against Northwestern

    An Illinois federal judge on Tuesday pared down a lawsuit brought by a Palestinian Muslim ex-law student who claims Northwestern University failed to protect her from the publication of false allegations of assault and harassment that cost her a job at DLA Piper, allowing her discrimination claim to move forward but tossing her claim of a hostile education environment.

  • May 13, 2025

    The Man Who Ended Affirmative Action Is Just Getting Started

    Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.

  • May 13, 2025

    Celebrity Doctor Can't Duck WWE Accuser's Info Demand

    A Connecticut judge has refused to throw out a former World Wrestling Entertainment legal staffer's effort to obtain documents from a celebrity doctor who treated her amid alleged sexual abuse by Vince McMahon, finding that the state-level court has subject-matter jurisdiction over her petition for pre-litigation information. 

  • May 13, 2025

    6th Circ. Clears Teacher To Fight Exclusion From Rehire List

    The Sixth Circuit breathed new life into a teacher's lawsuit claiming a Tennessee school district unlawfully failed to place her on a reemployment candidate list after it eliminated her position, saying a trial court took too narrow a view of whether omission from the list caused harm.

  • May 13, 2025

    11th Circ. Backs Paper Co. Win In Worker's Equal Pay Suit

    An environmental engineer who accused her former employer of paying her less than men cannot get a new trial, the Eleventh Circuit ruled Tuesday, saying the lower court's decision to exclude certain evidence was harmless.

  • May 13, 2025

    3rd Circ. Says Worker's Pre-Suit EEOC Filings Are Inadequate

    The Third Circuit refused to revive an age bias suit from a former community college employee who claimed she was mistreated by a younger supervisor, rejecting her argument that a U.S. Equal Employment Opportunity Commission intake form and other documents qualified as her required pre-suit discrimination charge.

Expert Analysis

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 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.