Discrimination

  • March 19, 2025

    Judge Tells DOJ To Alert All Agencies Of Perkins Coie Ruling

    A Washington, D.C., federal judge Wednesday directed the Trump administration to tell all federal agencies to rescind requests for disclosures about government and contractor relationships with Perkins Coie LLP, following an order last week blocking enforcement of the president's executive order against the Seattle-based law firm.

  • March 19, 2025

    Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing

    The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.

  • March 19, 2025

    ACLU Says Biased AI Tech Boxed Out Deaf Intuit Applicant

    Intuit and a human resources technology vendor violated federal and state law by turning away a deaf job applicant after interviewing her using artificial intelligence-based video technology that puts disabled and nonwhite applicants at a disadvantage, the American Civil Liberties Union said Wednesday.

  • March 19, 2025

    Judge Questions Standing In DEI Executive Orders Challenge

    A D.C. federal judge on Wednesday questioned whether three civil rights nonprofits have standing to block the Trump administration's executive orders ending federal diversity, equity, inclusion and accessibility programs and cutting off funding for groups focused on minority populations.

  • March 19, 2025

    EEOC, DOJ Advise Workers To Look Out For DEI-Based Bias

    The U.S. Equal Employment Opportunity Commission paired with the U.S. Department of Justice on Wednesday to issue guidance explaining how workers can recognize and report bias tied to diversity, equity and inclusion programs, part of the Trump administration's broader effort targeting the practices across public and private workplaces.

  • March 19, 2025

    Conn. Barber Says She Faced Anti-Polish Bias, Docked Pay

    A former barber at a Greenwich, Connecticut, hair salon has taken her ex-employer to federal court for allegedly discriminating against her for being from Poland, failing to pay overtime, and docking her pay for "house charges" to cover amenities she was never given at work.

  • March 19, 2025

    Trans Worker Looks To Take Over Bias Case After EEOC's Exit

    A transgender woman who claims she was harassed while working at a hog farm told an Illinois federal judge she wants to take over the lawsuit, after the U.S. Equal Employment Opportunity Commission dropped the case because the federal government stopped recognizing transgender individuals.

  • March 19, 2025

    Abortion Aspect Of PWFA Regs Halted For Christian Nonprofit

    A Christian education foundation won't have to abide by U.S. Equal Employment Opportunity Commission regulations requiring workplace accommodations for workers who get abortions, a Missouri federal judge ordered, saying the organization is likely to succeed on its claims that the rule illegally infringes on its religious principles.

  • March 19, 2025

    EEOC Bid For Law Firm DEI Info On Shaky Ground, Attys Say

    The U.S. Equal Employment Opportunity Commission's recent call for law firms to cough up a trove of information about their diversity, equity and inclusion programs lacks statutory authority and may contravene federal law, according to experts from both sides of the aisle.

  • March 19, 2025

    6th Circ. Says Ex-Steel Co. Manager's Conduct Justified Firing

    The Sixth Circuit upheld a steel manufacturer's win in a former manager's suit claiming he was terminated for voicing concerns that white workers were being hired over more qualified Black candidates, saying he couldn't overcome the company's assertion that his abusive supervisory style cost him the job.

  • March 19, 2025

    UMass Medical Execs To Face Retaliation Claim In Vax Dispute

    The medical director at UMass Memorial Medical Center has won dismissal of retaliation claims brought by one of the Massachusetts institution's former compliance executives who declined a COVID-19 vaccine, but two other leaders will have to face claims that the ex-executive's firing was tied to her request for work accommodations.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    UPS Manager Says He Can Sue Union Local He Isn't Part Of

    A UPS manager who accused an Indianapolis Teamsters local of falsely painting him as racist can sue the union even though he isn't a member, he argued in Indiana federal court, saying Title VII of the Civil Rights Act doesn't require people to be union members to sue unions.

  • March 18, 2025

    DC Judge Blocks Trans Military Ban As 'Soaked In Animus'

    A Washington, D.C., federal judge on Tuesday blocked the Trump administration from banning transgender people from serving in the military, saying the ban is "soaked in animus and dripping with pretext."

  • March 18, 2025

    9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed

    The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.

  • March 18, 2025

    Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight

    Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.

  • March 18, 2025

    Trans Worker Fights Liberty U.'s Appeal Bid In Sex Bias Suit

    A transgender worker fired from Liberty University said there is no need for the Fourth Circuit to immediately review a district court's order denying the institution's bid to dismiss her suit claiming she was terminated out of sex discrimination, arguing there's no substantial difference of legal opinion at play.

  • March 18, 2025

    6th Circ. Wrestles With Reviving Suit Over Racial Slurs

    The Sixth Circuit grappled Tuesday with reopening two Black truck drivers' race harassment suit against their former employer, with the judges quizzing both sides extensively about the severity of racial epithets and whether sufficient precedent exists that backs the workers' case.

  • March 18, 2025

    3 State AI Bills For Workplace Discrimination Attys To Watch

    Virginia stands poised to join Colorado at the forefront of regulating the creation and use of artificial intelligence, while California and Texas are working on their own sweeping bills to safeguard against AI-related bias. Here, experts offer an overview of three bills with the potential to impact millions of employers.

  • March 18, 2025

    10th Circ. Pokes Holes In Walmart's Defenses In Bias Suit

    A talkative Tenth Circuit panel seemed inclined Tuesday to revive a Walmart employee's lawsuit alleging he was discriminated against for being gay, as the court's chief judge appeared incredulous that evidence of slurs and other derogatory comments being thrown around the workplace weren't enough to sustain his harassment claim.

  • March 18, 2025

    Maynard Nexsen Adds 5 Constangy Employment Attys In LA

    Maynard Nexsen PC has brought a 5-lawyer team from labor and employment firm Constangy Brooks Smith & Prophete LLP to its Los Angeles office, bringing on a team that is experienced in management-side employment law and can converse in six languages.

  • March 18, 2025

    NJ Firm Blume Forte Hit With Disability Bias Suit

    New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC has been hit with a disability discrimination lawsuit in state court by a staffer who claims she was fired after a seizure and other health setbacks.

  • March 18, 2025

    Dem Ex-EEOC Officials Call Law Firm DEI Letters Overreach

    A group of Democratic-appointed former U.S. Equal Employment Opportunity Commission officials urged acting Chair Andrea Lucas on Tuesday to rescind letters seeking information from 20 law firms about their diversity, equity and inclusion practices, saying she had exceeded the agency's power.

  • March 18, 2025

    11th Circ. Backs Hospital's Win In Black Surgeon's Bias Suit

    The Eleventh Circuit refused to reopen a neurosurgeon's suit claiming a Georgia hospital subjected him to increased scrutiny and fired him because he is Black, finding he couldn't overcome the medical center's rationale that providing the mentorship necessary to fix his performance issues was too burdensome.

  • March 18, 2025

    11th Circ. Nixes College GC Applicant's Age Bias Suit

    The Eleventh Circuit won't revive an attorney's suit claiming she lost out on a general counsel position with a Florida college to someone four decades younger due to age bias, finding she gave up her right to challenge the case's dismissal by not objecting to a lower court decision.

Expert Analysis

  • 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.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.