Discrimination

  • May 23, 2025

    Ex-Immigration Judge Fights To Keep Fla. Bias Suit Alive

    A former immigration judge has urged a Florida federal court to reject U.S. Attorney General Pam Bondi's bid for an early win against her disability bias claims, arguing she was denied a hardship transfer and reasonable accommodation due to her gender and age.

  • May 22, 2025

    California City Cleared In Employment Discrimination Trial

    A Los Angeles jury cleared the city of Baldwin Park, California, of liability on Thursday in a wrongful-termination suit by a former longtime employee who claimed that she was forced to resign after complaining about race and gender bias and misuse of federal housing funds.

  • May 22, 2025

    Levi Strauss Calls For Sanctions Against Boies Schiller

    Levi Strauss is seeking more than $15,000 from Boies Schiller Flexner LLP and training for the firm's litigation attorneys in the proceeding over a former executive's sex discrimination claims, telling a California federal judge that Boies Schiller flouted deadlines and refused to meet with opposing counsel.

  • May 22, 2025

    Tire-Maker Axed Workers Over Prescription Drugs, EEOC Says

    A specialty tire manufacturer violated federal disability law when it terminated employees who lawfully took narcotics, opioids and other prescription medications to manage pain, even after multiple doctors cleared them to work, the U.S. Equal Employment Opportunity Commission alleged in Tennessee federal court.

  • May 22, 2025

    Medical Pot Patient's Bias Suit Against Penske Can Proceed

    A Pennsylvania federal judge has refused to dismiss a discrimination case brought by a medical marijuana patient alleging a unit of Penske Corp. unlawfully rescinded his job offer.

  • May 22, 2025

    As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'

    The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.

  • May 22, 2025

    Goodwin Procter Gave EEOC Data On Applicants' Race, Pay

    Goodwin Procter LLP turned over a trove of demographic and employment data on thousands of applicants for its fellowships, summer associate programs and full-time positions in response to the U.S. Equal Employment Opportunity Commission's March inquiry into its diversity programs.

  • May 22, 2025

    Tire Co., EEOC Resolve Guatemalan Harassment Suit

    A Massachusetts scrap tire facility agreed to pay $250,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit claiming the company's owner used derogatory language toward Guatemalan workers and threatened them with deportation, according to a Thursday filing in federal court.

  • May 22, 2025

    EEOC Says Car Dealer Denied Vet Service Dog To Aid PTSD

    A U.S. Navy veteran was forced to quit his job at a Maryland car dealership because it refused to let him bring a service dog to work to help manage panic attacks induced by service-related PTSD, the U.S. Equal Employment Opportunity Commission said in a new suit.

  • May 22, 2025

    Mich. Judge Says Red Cross Can Depose Ex-Nurse's Husband

    A Michigan federal judge on Thursday clarified that he intended to allow the American Red Cross to depose the husband of a nurse who alleges she was wrongfully denied a religious exemption from the organization's COVID-19 vaccine mandate, putting to rest a bout between the parties about the order's interpretation. 

  • May 22, 2025

    Ex-Troutman Atty Drops Retaliation Suit Against Major Lindsey

    An associate attorney who sued Major Lindsey & Africa LLC alleging the legal recruiter refused to work with her due to her underlying race discrimination suit against Troutman Pepper permanently dropped her suit Thursday.

  • May 22, 2025

    Calif. County Gets Vax Exemption Bias Class Disbanded

    A California federal judge dissolved a class of county workers who alleged their requests for religious exemptions from a COVID-19 vaccine mandate were handled differently from other employees' medical exemption bids, finding the group was not as similar as she had previously believed.

  • May 22, 2025

    Katz Banks Hires Former Gov't Atty For Worker Advocacy

    A former attorney at the U.S. Consumer Product Safety Commission is now senior counsel at Katz Banks Kumin LLP in Washington, D.C., the firm announced, saying she will use her experience to advocate for federal workers navigating changes brought on by the Trump administration.

  • May 22, 2025

    2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit

    The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.

  • May 22, 2025

    Quest Diagnostics' $4M Rest Break Settlement Gets Initial OK

    A California federal judge granted preliminary approval to a $3.95 million settlement to a wage and hour class action against Quest Diagnostics Clinical Laboratories Inc., saying the deal adequately resolves allegations that the company violated the rest-break provision of the state's Labor Code.

  • May 22, 2025

    6th Circ. Affirms Toss Of ADA Suit Over Oxygen Tank Request

    The Sixth Circuit backed the dismissal of a former funeral home worker's disability bias suit alleging her shifts were cut because she asked for space to store her oxygen tank, ruling the lower court rightly found that her retaliation claim lacked evidence of prejudice.

  • May 22, 2025

    Ex-Prosecutor Says Filing Error Wrongly Sank FMLA Claims

    A filing error should not spell demise for a former Virginia city prosecutor's Family and Medical Leave Act claims against the city, his counsel told a federal court, saying the claims should be reinstated because they were never intended to be conceded.

  • May 22, 2025

    Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim

    Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.

  • May 21, 2025

    Littler, Tech Exec Settle Suit Over Firm's 'Unlawful' Advice

    Littler Mendelson PC has settled a tech executive's lawsuit claiming she was suspended and, eventually, fired after the company followed the "unlawful" advice of Littler attorneys, according to a dismissal order issued Tuesday in New York federal court.

  • May 21, 2025

    False Claims Act Gives Trump 'Sledgehammer' To Battle DEI

    The U.S. Department of Justice's vow to invoke the False Claims Act to police alleged civil rights violations tees up a powerful weapon for the Trump administration to wield against contractors and federal grantees with diversity, equity and inclusion programs it claims are discriminatory, experts say.

  • May 21, 2025

    Law Curbing Arbitration Can't Keep Exec's Bias Suit In Court

    A former executive for an investment management firm must arbitrate a gender and age bias suit alleging she faced sexist comments before getting sacked, a Texas appeals court said Wednesday, ruling that her case isn't covered by a law barring mandatory arbitration of sex harassment claims.

  • May 21, 2025

    Atty's Silence Dooms FMLA Claims Against Va. City

    A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.

  • May 21, 2025

    EEOC Ordered To Rewrite PWFA Rule's Abortion Provision

    The U.S. Equal Employment Opportunity Commission must revise part of its year-old regulations implementing the Pregnant Workers Fairness Act, a Louisiana federal judge ruled Wednesday, saying the agency usurped congressional power by requiring workplace accommodations for abortion.

  • May 21, 2025

    FCC's Carr Clashes With Dems Over Verizon DEI Deal

    Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.

  • May 21, 2025

    Marine Co. Strikes Deal To End EEOC Sex Harassment Suit

    A marine electronics supply company will pay nearly $53,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it allowed a supervisor to sexually harass an employee and fired her after she refused his advances, according to a Louisiana federal court filing.

Expert Analysis

  • EEOC Case Reminds That Men Can Also Claim Pay Bias

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    The Maryland State Highway Administration recently settled U.S. Equal Employment Opportunity Commission claims that a male employee was paid less than his female colleagues, highlighting why employers should not focus on a particular protected class when it comes to assessing pay bias risk, say Barbara Grandjean and Audrey Merkel at Husch Blackwell.

  • Shaping Speech Policies After NLRB's BLM Protest Ruling

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    After the National Labor Relations Board decided last month that a Home Depot employee was protected by federal labor law when they wore a Black Lives Matter slogan on their apron, employers should consider four questions in order to mitigate legal risks associated with workplace political speech policies, say Louis Cannon and Cassandra Horton at Baker Donelson.

  • Avoiding Jurisdictional Risks From Execs' Remote Work

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    Following a California federal court's recent decision in Evans v. Cardlytics — where the case was remanded to state court because the company’s executives worked remotely in California — there are several steps employers can take to ensure they will not be exposed to unfavored jurisdictions, says Eric Fox at Quarles & Brady.

  • 11th Circ. FMLA Ruling Deepens Divide Over Causation

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    The Eleventh Circuit's recent ruling in Lapham v. Walgreen distinguishes the circuit as the loudest advocate for the but-for causation standard for assessing Family and Medical Leave Act retaliation claims, though employers in other jurisdictions may encounter less favorable standards and the U.S. Supreme Court will likely have to address the circuit split eventually, say attorneys at Benesch.

  • Handling Neurodivergence As The Basis Of Disability Claims

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    Three recent discrimination claims in Rhode Island and New Jersey show how allegations of adverse treatment of neurodivergent individuals will continue to be tested in court, so employers should create an environment that welcomes the disclosure of such conditions, says Ting Cheung at Sanford Heisler.

  • Employers Should Take Surgeon's Sex Bias Suit As A Warning

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    A Philadelphia federal jury's recent verdict in a sex bias suit over Thomas Jefferson University's inaction on a male plaintiff's sexual harassment complaint is a reminder to employers of all stripes about the importance of consistently applied protocols for handling complaints, say attorneys at Williams & Connolly.

  • Eye On Compliance: Workplace March Madness Pools

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    With March Madness set to begin in a few weeks, employers should recognize that workplace sports betting is technically illegal, keeping federal and state gambling laws in mind when determining whether they will permit ever-popular bracket pools, says Laura Stutz at Wilson Elser.

  • Generative AI Adds Risk To Employee 'Self-Help' Discovery

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    Plaintiffs have long engaged in their own evidence gathering for claims against current or former employers, but as more companies implement generative AI tools, both the potential scope and the potential risks of such "self-help" discovery are rising quickly, says Nick Peterson at Wiley.

  • Handbook Hot Topics: Workplace AI Risks

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    As generative artificial intelligence tools penetrate workplaces, employers should incorporate sound AI policies and procedures in their handbooks in order to mitigate liability risks, maintain control of the technology, and protect their brands, says Laura Corvo at White and Williams.

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • Race Bias Defense Considerations After 11th Circ. Ruling

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    In Tynes v. Florida Department of Juvenile Justice, the Eleventh Circuit affirmed that the McDonnell Douglas test for employment discrimination cases is merely an evidentiary framework, so employers relying on it as a substantive standard of liability may need to rethink their litigation strategy, says Helen Jay at Phelps Dunbar.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • NYC Workplace AI Regulation Has Been Largely Insignificant

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    Though a Cornell University study suggests that a New York City law intended to regulate artificial intelligence in the workplace has had an underwhelming impact, the law may still help shape the city's future AI regulation efforts, say Reid Skibell and Nathan Ades at Glenn Agre.