Discrimination

  • August 19, 2025

    Union Pacific Can't Avoid $27M Disability Bias Verdict

    A former Union Pacific railroad worker who said he was pushed out over a shoulder injury can keep his $27 million jury award, an Oregon federal judge ruled, attributing the bulk of the recovery to a state law claim that wasn't limited by federal damages caps.

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 18, 2025

    9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants

    A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.

  • August 18, 2025

    Texas Judge Stays PWFA Suit After 5th Circ. Decision

    A Texas federal judge on Monday stayed a challenge to the Pregnant Workers Fairness Act after the Fifth Circuit ruled in a separate case that the U.S. Equal Employment Opportunity Commission could enforce the law.

  • August 18, 2025

    Colo. AG Blasts FCC's T-Mobile, Skydance Approvals

    Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.

  • August 18, 2025

    Age Act Doesn't Cover UC Residency Bid, 9th Circ. Affirms

    The Ninth Circuit on Monday affirmed a district court's decision to grant summary judgment to the Regents of the University of California in an age discrimination suit brought by a medical residency applicant, holding that selecting medical residents is an employment practice not covered by the Age Discrimination Act.

  • August 18, 2025

    EEOC Scores Win, But Low Damages, On Retaliation Claims

    An Arkansas federal jury sided with the U.S. Equal Employment Opportunity Commission on claims that a metal stamping company fired three workers for complaining about sexual harassment, but handed out modest recoveries, with two of the workers walking away with only $2 each.

  • August 18, 2025

    EEOC Sets High Bar For Employers' Accommodation Duties

    A top U.S. Equal Employment Opportunity Commission official recently chided three federal agencies for not being more flexible with religious and postpartum workers seeking job adjustments, a move experts say demonstrates the hard line the EEOC is adopting on employers' accommodation obligations which courts will likely echo.

  • August 18, 2025

    NHL's Chicago Blackhawks Sued Over Gay PR Manager's Firing

    A public relations manager has sued the NHL's Chicago Blackhawks for discrimination in Illinois federal court, saying he was fired for complaining about criticism he received from his department for doing an interview with a LBGTQ+ media outlet about his experience as a gay man in sports.

  • August 18, 2025

    Stone Hilton Takes Aim At Sex Harassment Claim

    For the second time this month, Stone Hilton PLLC has asked a federal court to trim a former employee's lawsuit, saying her allegations of sexual harassment and intentional infliction of emotional distress do not rise to the level of "severe or pervasive" or "extreme and outrageous" as the law requires.

  • August 18, 2025

    EEOC Nabs $1M Deal In Suit Alleging Bar Chain Spurned Men

    A sports bar chain told a North Carolina federal judge Monday that it has agreed to pay $1.1 million to end a U.S. Equal Employment Opportunity Commission lawsuit claiming the company refused to hire men for front-facing staff positions.

  • August 18, 2025

    Goldberg Segalla Adds Employment, Insurance Attys In NYC

    Goldberg Segalla LLP announced Monday that it has grown its employment and insurance services in New York with the recent addition of two attorneys who moved their practices from Gordon Rees Scully Mansukhani LLP and Clyde & Co. LLP.

  • August 18, 2025

    NJ Seeks To Toss Ex-Judge's 'Second Bite' In Firing Suit

    New Jersey on Friday asked a state court to award it a victory over some claims by a former workers' compensation judge that she was unconstitutionally removed from her job after similar claims in a separate suit of hers were rejected in December.

  • August 18, 2025

    Ohio Healthcare Facility Settles EEOC Race Bias Probe

    A healthcare facility in Ohio will pay $5,000 after a U.S. Equal Employment Opportunity Commission investigation found reasonable cause to believe it violated federal law by firing an employee because of her race, the agency said.

  • August 18, 2025

    Transportation Agency Ducks DOJ's Disability Hiring Bias Suit

    A federal judge threw out a disability bias suit from the U.S. Department of Justice claiming Alabama's transportation agency wouldn't hire an applicant because of a former shoulder injury, ruling the case fell flat because the government failed to show he was actually disabled.

  • 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.

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

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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.