Discrimination

  • August 29, 2025

    Logistics Cos. Can't Escape Worker Visa Misuse Class Action

    Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.

  • August 29, 2025

    EEOC, Sam's Club Strike $60K Deal In ADA Suit

    The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.

  • August 29, 2025

    Amazon Workers Get Class Nod In Military Leave Bias Suit

    A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.

  • August 29, 2025

    US Education Dept. Finds Denver Schools Flouted Title IX

    The first Title IX investigation undertaken by the U.S. Department of Education's Office for Civil Rights since President Donald Trump returned to office found Denver Public Schools violated Title IX by converting two bathrooms at a local high school to multi-stall, all-gender bathrooms, according to a Thursday news release from the OCR.

  • August 29, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The city of Seattle has attempted to block the Trump administration from enforcing executive orders that condition federal grants partly on recipients curtailing diversity, equity and inclusion programs, and the state of Texas was hit with a lawsuit challenging the constitutionality of a law curbing inclusivity in public schools. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • August 29, 2025

    GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit

    A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.

  • August 29, 2025

    5th Circ. Upholds Dallas Win In Pay, Race Bias Case

    A former management assistant for the city of Dallas failed to demonstrate that she was paid less than a colleague because of her race and her retaliation and discrimination claims also could not stand, the Fifth Circuit ruled Friday.

  • August 29, 2025

    NY Forecast: 2nd Circ. Hears Northwell COVID Vaccine Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former healthcare workers who claimed they were discriminated against on the basis of their religion when they were fired for refusing to take the COVID-19 vaccine.

  • August 29, 2025

    UPenn Prof Suspended For Racist Remarks Loses Bias Claim

    University of Pennsylvania law professor Amy Wax lost her federal discrimination claims against the school for suspending her over disparaging comments she made about minorities, with a judge finding that she was disciplined for racist speech, not because of her own race.

  • August 29, 2025

    Ill. Jury Sides With Ex-CTA Worker In Vax Bias Lawsuit

    An Illinois federal jury on Friday awarded a former Chicago Transit Authority employee $425,000 in damages, finding the transit agency liable on his religious discrimination claim after he was terminated following his refusal to take the COVID-19 vaccine and denied an exemption to the agency's vaccine requirement.

  • August 29, 2025

    Calif. Forecast: NLRB Fights Co. With Union-Busting Claims

    In the coming week, attorneys should watch for arguments in a National Labor Relations Board case against an environmental and engineering consultant. Here's a look at that case and other labor and employment matters on deck in California.

  • August 29, 2025

    Single Slur Not Enough For Retaliation Suit, Judge Says

    A Michigan federal judge stood by her dismissal of an Arab American worker's suit claiming a car dealership fired him for protesting a supervisor's racist language while following up on her original ruling to say that opposition to the single use of a slur isn't enough to establish a retaliation case.

  • August 29, 2025

    Wage And Hour Laws To Look Out For This Fall

    Workers in Maine will get extra wages if their employer cancels or cuts back their shift last minute, and employers in Cleveland will have to abide by new salary history and pay transparency requirements. Here, Law360 looks at these and other wage and hour and equal pay laws coming in the fall.

  • August 28, 2025

    10th Circ. Told Okla. 'Race Theory' Law Must Go

    The Tenth Circuit is being told it must ensure academic freedom for the students of Oklahoma, whose constitutional rights and "the very nature of the classroom as a place that nurtures inquiry and discussion" are being undermined by a state law restricting what they can be taught.

  • August 28, 2025

    Ex-Katten Partner's $67M Age Bias Suit Stayed For Arbitration

    A Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play.

  • August 28, 2025

    Car Dealership Settles EEOC Hiring Bias Suit For $275K

    The U.S. Equal Employment Opportunity Commission announced Thursday that it struck a $275,000 deal with a Missouri car dealership to end a gender bias suit claiming the business only hired women for office jobs and men for sales jobs.

  • August 28, 2025

    Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

    A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

  • August 28, 2025

    White Workers Say Shell Reorganization Was Discriminatory

    Shell was hit with a federal lawsuit this week accusing it of implementing a "pretextual departmental reorganization" that discriminated against several white employees.

  • August 28, 2025

    Ex-State Farm VP Sues Activists Over Secretly Recording Date

    A former State Farm executive has sued political activist James O'Keefe and a woman who lied about her intentions to date him, claiming they violated Illinois' eavesdropping statute by secretly recording his comments about State Farm's diversity efforts and rate hikes and later posting misleading videos of him, costing him his job.

  • August 28, 2025

    8th Circ. Brings Back EEOC Harassment Suit Against BNSF

    The Eighth Circuit on Thursday revived a U.S. Equal Employment Opportunity Commission lawsuit accusing BNSF Railway Co. of failing to adequately safeguard women at a Nebraska rail yard from rampant harassment, saying the legal standard applied by a trial court was too rigid.

  • August 28, 2025

    School Union Inks $110K Deal To End EEOC Race Bias Suit

    A school district labor union has agreed to pay $110,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against a Black custodian by challenging his promotion, according to a filing Thursday in Illinois federal court.

  • August 28, 2025

    Ex-Law Firm Worker Gets More Time To Give Info In Bias Suit

    A New Jersey state judge gave the attorney for a woman suing a Garden State law firm in a workplace discrimination case additional time to respond to overdue discovery requests after he failed to reply for more than seven months.

  • August 28, 2025

    EEOC Yanks Guide On Workforce Demographic Data

    A recently published U.S. Equal Employment Opportunity Commission fact sheet reminding federal employers to adhere to longstanding employee demographic reporting requirements was taken down after an agency source said it was released prematurely while still in draft form.

  • August 28, 2025

    4th Circ. Says Jury Should Hear Ex-Professor's Sex Bias Suit

    The Fourth Circuit revived an ex-Morgan State University professor's suit claiming she was denied multiple promotions and paid less than her male colleagues, finding the lower court overlooked key evidence that warrants a trial, such as claims that a department chair called her a "reject lesbian."

  • August 27, 2025

    Seattle Asks Court To Bar Feds From Yanking Grants Over DEI

    The city of Seattle has urged a federal court to block the Trump administration from enforcing two executive orders that condition federal grants on recipients abandoning the promotion of diversity, equity and inclusion or "gender ideology," saying the conditions are unconstitutional and jeopardize several of the city's critical public services.

Expert Analysis

  • The Shifting Landscape Of Physician Disciplinary Proceedings

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    Though hospitals have historically been able to terminate doctors' medical staff privileges without fear of court interference, recent case law has demonstrated that the tides are turning, especially when there is evidence of unlawful motivations, say Dylan Newton and Michael Horn at Archer & Greiner.

  • Anti-DEI Complaints Filed With EEOC Carry No Legal Weight

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    Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • Broadway Ruling Puts Discrimination Claims In The Limelight

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    A New York federal court's recent decision in Moore v. Hadestown Broadway that the employers' choice to replace a Black actor with a white actor was shielded by the First Amendment is the latest in a handful of rulings zealously protecting hiring decisions in casting, say Anthony Oncidi and Dixie Morrison at Proskauer.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • Eye On Compliance: Employee Social Media Privacy In NY

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    A New York law that recently took effect restricts employers' ability to access the personal social media accounts of employees and job applicants, signifying an increasing awareness of the need to balance employers' interests with worker privacy and free speech rights, says Madjeen Garcon-Bonneau at Wilson Elser.

  • Draft Pay Equity Rule May Pose Contractor Compliance Snags

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    The Federal Acquisition Regulatory Council's recently proposed rule that would prohibit government contractors from requesting certain job applicants' salary history seems simple on the surface, but achieving compliance will be a nuanced affair for many contractors who must also adhere to state and local pay transparency laws, say attorneys at Hogan Lovells.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • AI In Performance Management: Mitigating Employer Risk

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    Companies are increasingly turning to artificial intelligence tools in performance management, exposing organizations to significant risks, which they can manage through employee training, bias assessments, and comprehensive policies and procedures related to the new technology, say Gregory Brown and Cindy Huang at Jackson Lewis.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.