Discrimination

  • March 31, 2025

    Paramount Escapes 'Dexter' COVID Safety Worker's Bias Suit

    A New York federal judge threw out a COVID-19 safety worker's suit accusing Paramount Global of undermining and firing her because she's an older woman, saying she failed to rebut the "Dexter" producer's argument that she was fired because she was "toxic" and a poor performer.

  • March 31, 2025

    Judge Won't Let Wells Fargo Duck Bulk Of $22M ADA Verdict

    A North Carolina federal judge on Monday mostly kept intact a $22.1 million Americans with Disabilities Act verdict against Wells Fargo, though he did agree to lower the jury's punitive damages, which he said exceeded the statutory cap.

  • March 31, 2025

    Kirkland Slims Bias Suit But Can't Nix Caregiver Claim

    Kirkland & Ellis LLP must face a former technology analyst's claim that his boss unlawfully changed his schedule despite knowing that would interfere with his child care responsibilities, a D.C. federal judge ruled Monday, tossing hostile work environment allegations but letting a caregiver bias count move ahead.

  • March 31, 2025

    J&J, Scientist Resolve Pregnancy Discrimination Suit

    Johnson & Johnson agreed to settle a former senior scientist's suit claiming she was fired after she announced her pregnancy so the pharmaceutical company could avoid paying her while on maternity leave, according to a filing in New Jersey federal court.

  • March 31, 2025

    Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive

    A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.

  • March 31, 2025

    DC Police Look To Sink Gay Cop's Parental Leave Suit

    A gay police officer's suit alleging he was placed in a less desirable position after returning from parental leave should be thrown out, the Washington, D.C., police department told a federal court, saying he can't show that his new role was worse than his previous one.

  • March 28, 2025

    Ga. Housing Authority, Former Worker End Retaliation Claims

    Both parties asked a Georgia federal court Friday to toss a former executive director's claims that she was fired by the Housing Authority of Fulton County, Georgia, after reporting her experiences of sexual harassment, saying they had reached a settlement.

  • March 28, 2025

    FCC Chief Orders Probe Into Disney, ABC DEI Practices

    The Federal Communications Commission's leader ordered on Friday a probe into Walt Disney Co. and its ABC network over their efforts to be diverse and inclusive, following similar FCC investigations into Comcast and NBCUniversal.

  • March 28, 2025

    States Urge Justices To Skip Teacher Grants Case

    California, New York and six other states told the U.S. Supreme Court on Friday it doesn't need to weigh in on the validity of a Massachusetts federal judge's order reinstating $250 million in teacher training grants the Trump administration targeted for cuts, noting the dispute will soon be moot.

  • March 28, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Jenner & Block LLP and WilmerHale convinced federal judges to put holds on executive orders that that targeted them over past legal work and their diversity, equity and inclusion practices, while Skadden Arps Slate Meagher & Flom LLP struck a deal with the Trump administration. Here, Law360 provides a rundown of notable DEI-related legal developments from the past week.

  • March 28, 2025

    Ex-Chicago Firefighter's Vaccine Bias Suit Fails, For Now

    The city of Chicago dodged a former firefighter's lawsuit claiming he was fired for not complying with the city's COVID-19 vaccination policy after being given a religious exemption, with an Illinois federal judge ruling Friday he failed to show he was also exempt from the policy's testing requirement.

  • March 28, 2025

    NY Forecast: 2nd Circ. Weighs City Worker's Free Speech Suit

    This week, the Second Circuit will consider an attempt from the former city planner for Newburgh, New York, to revive her lawsuit claiming she was fired for advocating that the city adopt antiracism policies for the city's housing initiatives.

  • March 28, 2025

    Judge Sides With Ga. County In DOJ's Racial Slur Suit

    A Georgia federal judge has ended federal prosecutors' suit against a Georgia county claiming it fired two Black employees after they complained of racist treatment from co-workers, finding there was nothing pretextual about their termination for stealing time with bogus reports.

  • March 28, 2025

    NJ Says Banking Dept. Retaliation Suit Still Lacks Facts

    New Jersey urged a state court to dismiss a discrimination and retaliation suit from a former acting director at the state's Department of Banking and Insurance, arguing she hasn't backed her claims she was paid less than her male counterparts and lost out on a promotion due to her gender.

  • March 28, 2025

    Ex-Deputy Wins $250K In Retaliation Suit Over Bias Charge

    A Florida federal jury awarded a former sheriff's deputy $250,000 in his suit claiming he was fired in retaliation for filing a bias charge against the office, claiming it failed to let him take leave for a disability and wear an Islamic cap in accordance with his religious beliefs.

  • March 28, 2025

    2nd Judge Grants Injunction Against DOD's Transgender Ban

    A Washington state federal judge has blocked the Trump administration's ban on transgender troops following a similar move by a federal judge in Washington, D.C., finding that the prohibition blatantly discriminates based on gender status and sex without any justifying evidence.

  • March 28, 2025

    Ill. Judge Blocks Trump's DEI Certification Mandate

    An Illinois federal judge has blocked the U.S. Department of Labor from requiring federal grant recipients to certify that they don't operate programs that violate President Donald Trump's recent executive orders targeting diversity, equity and inclusion initiatives, saying the mandate puts them "in a difficult and perhaps impossible position."

  • March 28, 2025

    Gannett Wraps Up ADA Suit From Worker With Vision Loss

    Newspaper publisher Gannett agreed to settle a former content strategist's lawsuit claiming he was let go because he has vision loss that requires him to work from home, according to a Friday filing in Florida federal court.

  • March 28, 2025

    Jackson Lewis Names New Leader In White Plains, NY

    Nationwide employment law firm Jackson Lewis PC has promoted Michael L. Abitabilo from office litigation manager to office managing principal in White Plains, New York, the firm has announced.

  • March 28, 2025

    UAW Beats Black Truck Driver's Bias Claim

    The United Auto Workers escaped a former Howmet Aerospace Inc. employee's lawsuit claiming the union failed to adequately challenge his termination because he's Black, with an Ohio federal judge saying he'd failed to identify a non-Black colleague who received the representation he felt he was owed.

  • March 28, 2025

    Calif. Forecast: 9th Circ. Hears Trucker Piece-Rate Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a proposed class action that revolves around a transportation company's alleged piece-rate pay policy. Here's a look at that case and other labor and employment matters on deck in California.

  • March 28, 2025

    PruittHealth Ends Gay Ex-Nursing Director's Harassment Suit

    A Georgia PruittHealth location and a former nursing director have resolved his suit accusing the facility of failing to step in when he was harassed for being gay and then firing him after he complained about it, the parties told a Georgia federal court.

  • March 28, 2025

    Judges Block Trump's Jenner & Block, WilmerHale Orders

    Jenner & Block LLP and WilmerHale both won temporary restraining orders late Friday blocking President Donald Trump's executive orders targeting the firms, with two Washington, D.C., federal judges determining the firms have shown the orders are likely retaliation for their representation of certain clients.

  • March 27, 2025

    EEOC's 'Nudge' Keeps ADA Suit Over Leave Policy Alive

    A Pennsylvania federal judge said Thursday the U.S. Equal Employment Opportunity Commission put forward just enough detail to sustain a disability bias suit claiming a non-profit health system made workers re-apply and battle for their jobs after taking medical leave.

  • March 27, 2025

    6th Circ. Says Stomach Bug Not Covered By Disability Statute

    A former delivery driver can't reopen his lawsuit claiming he was fired by a manufacturing component company for requesting time off to recover from an illness, the Sixth Circuit ruled Thursday, saying his temporary stomach bug didn't qualify as a disability under federal law.

Expert Analysis

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 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.