Discrimination

  • August 19, 2025

    Chicago Suburb Sued Over Medical History Probes

    The city of Evanston, Illinois, was hit with a state court lawsuit by job applicants who allege its questions about their family medical histories violated an Illinois law barring employers from asking about genetic information and using it to make employment decisions.

  • 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.

Expert Analysis

  • Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny

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    Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

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    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts

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    Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.

  • Disparate Impact Theory Lives On Despite Trump Order

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    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Employer Tips For Navigating Cultural Flashpoints Litigation

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    A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.