Discrimination

  • September 24, 2025

    Ex-Conductor Can't Sue BNSF A Third Time After $1.3M Win

    An Illinois federal judge has ruled that a former conductor can't proceed with a third racial discrimination lawsuit against BNSF Railway claiming he was "blackballed" from future employment at BNSF and other railroads, because he has already litigated how BNSF handled his dismissal and was compensated more than $1.3 million in damages.

  • September 24, 2025

    DOJ Religious Telework Memo Reflects Post-Pandemic Norms

    A recent Trump administration memo clarifying that federal employees can request to telework for religious reasons will likely reverberate in the private sector, where employers have already seen a surge in faith-based accommodation requests in the wake of the COVID-19 pandemic and a 2023 U.S. Supreme Court decision, experts say.

  • September 24, 2025

    11th Circ. Backs Staffing Co. In Athletic Trainer's Sex Bias Suit

    The Eleventh Circuit backed a staffing agency's win over a lawsuit alleging it transferred an athletic trainer because a high school's male coaches didn't want to work with a woman, ruling Wednesday that the company didn't have a responsibility to probe the rationale behind a client's transfer request.

  • September 24, 2025

    Trans Youth Care Ban Discriminatory, Mo. High Court Hears

    The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.

  • September 24, 2025

    4th Circ. Kicks Trans Care Exclusion Suits Back To Trial Court

    A pair of suits challenging health plan coverage exclusions on gender-affirming care for minors are headed to district court after the Fourth Circuit vacated decisions finding those policies discriminatory, in line with a U.S. Supreme Court directive to revisit the cases in light of new precedent.

  • September 24, 2025

    PeopleFacts To Pay $2.4M In Background Check Settlement

    PeopleFacts has agreed to pay $2.4 million to job seekers whose criminal history was shared with employers without a notice required by the Fair Credit Reporting Act, according to a motion filed in Michigan federal court.

  • September 24, 2025

    EEOC Hits Fla. Dental Lab With Pregnancy Bias Suit

    A Fort Lauderdale, Florida, dental restoration company violated federal law by firing a newly hired office assistant just days after learning she was pregnant, the U.S. Equal Employment Opportunity Commission told a federal court Wednesday.

  • September 24, 2025

    Ex-Bank Compliance Execs' Whistleblower Suit Tossed

    A New York federal judge has dismissed whistleblower and discrimination claims brought by former Shinhan Bank America compliance executives against the bank, finding that they failed to follow the required administrative steps before filing suit and haven't demonstrated that the bank was aware of their allegedly whistleblower-protected activity, among other things.

  • September 24, 2025

    9th Circ. Revives Sex Harassment Suit Against Wash. Sheriff

    The Ninth Circuit reopened a lawsuit alleging that a Washington sheriff's department failed to stop a deputy sheriff who coerced a woman he had previously arrested into a seven-year sexual relationship, ruling that each alleged instance of sexual misconduct restarted the statute-of-limitations clock.

  • September 23, 2025

    UC Researchers Win Expanded Injunction Against Grant Cuts

    A California federal judge Monday issued another preliminary injunction ordering the Trump administration to reinstate grants awarded to University of California researchers, this time resurrecting grants awarded by the U.S. Department of Defense, the U.S. Department of Transportation and the National Institutes of Health.

  • September 23, 2025

    FBI Agent's Firing Didn't Violate 1st Amendment, Court Rules

    A D.C. federal judge granted the U.S. government a summary judgment win Tuesday over a former FBI agent who said he was wrongly fired after his text messages disparaging President Donald Trump became public, agreeing with the agency that avoiding the appearance of bias outweighed other concerns.

  • September 23, 2025

    Jersey City, Mayor Pare Back Fired Aide's Retaliation Suit

    A New Jersey federal judge knocked two whistleblower claims off a lawsuit brought against Jersey City and its mayor, Stephen Fulop, by one of his former aides who alleged he was dismissed for questioning the city's investment in cryptocurrency and for supporting his conservative sister's political campaign.

  • September 23, 2025

    Ex-Discover Financial Exec Can Pursue Equity Clawback Suit

    An Illinois federal judge has rejected a bid to toss a retired Discover Financial Services executive's age and gender discrimination lawsuit, finding she has sufficiently alleged at this point that she faced disparate treatment tied to her sex and that Discover's arguments against her age discrimination claim don't hold weight.

  • September 23, 2025

    Ex-Prison Guard Loses Bias Suit Against Union For Last Time

    A Chicago-area former prison guard didn't back up her religious discrimination lawsuit against a Teamsters local with facts, an Illinois federal judge ruled, tossing the suit with prejudice after finding that her latest amended complaint was still too thin.

  • September 23, 2025

    9th Circ. Won't Revive Religious Bias Suit Over COVID Tests

    A split Ninth Circuit panel backed the dismissal of a religious bias suit Tuesday from a Christian hospital worker who said she was fired for objecting to COVID-19 nasal testing, ruling she hadn't made a connection between her opposition to testing and her faith.

  • September 23, 2025

    9th Circ. Won't Upend Retrial Order In UPS Race Bias Suit

    The Ninth Circuit backed a lower court's decision to order a new trial in a Black former UPS employee's race bias suit, saying Tuesday the district court didn't err when it determined that a $238 million jury verdict was tainted by misconduct from the worker's counsel.

  • September 23, 2025

    1st Circ. Revives Fired Airport Worker's Retaliation Suit

    A First Circuit panel has reinstated a retaliation claim against a Massachusetts-based regional airline accused of wrongfully firing an injured worker several months after he reported his injury to Puerto Rico's workers' compensation program.

  • September 23, 2025

    Nonprofit Can't Sink Christian Worker's Pronoun Policy Suit

    A disability advocacy group can't nix a Christian worker's claims that she was fired in retaliation for seeking an exemption from a policy mandating that co-workers call each other by their preferred pronouns, a California federal judge ruled Tuesday, saying her allegations are detailed enough to remain in court.

  • September 23, 2025

    Ex-Verizon Employee's Race Bias Suit Over Slur Alive For Now

    A fired white Verizon employee presented enough evidence to show that he was treated differently from a black employee even though both used the N-word, a New York federal judge said Tuesday, adopting a magistrate judge's recommendation to keep the racial bias claim going.

  • September 23, 2025

    Meta Foiled Man's Disability Leave, Caregiving Time, Suit Says

    Meta failed to accommodate an employee who had disabilities and didn't allow him time off to take care of his terminally ill father in Tel Aviv, a suit filed in California state court claims.

  • September 23, 2025

    2nd Circ. Puts Cop's Harassment Claims Back On Track

    The Second Circuit restored claims Tuesday from a former police officer who alleged that a male colleague regularly subjected her to unwanted touching, saying she'd offered enough detail for a jury to potentially find she'd been sexually harassed.

  • September 23, 2025

    EX-CTA Worker's $425K Vaccine Bias Award Capped At $300K

    An Illinois federal judge lowered a former Chicago Transit Authority employee's $425,000 jury award to $300,000 Tuesday for the ex-worker's claim that he was wrongly fired for refusing the COVID-19 vaccine, entering a judgment the judge said he'll later amend with awards that include back and front pay.

  • September 23, 2025

    Former NJ Workers' Comp Judge's Firing Suit Trimmed

    New Jersey has been granted partial summary judgment in its defense of a suit from a former workers' compensation judge who alleges that she was unconstitutionally removed from her job, with a state judge tossing her due process claims but letting certain discrimination claims proceed. 

  • September 23, 2025

    Bipartisan House Reps Float Bill Protecting Older Job Seekers

    House lawmakers from both sides of the aisle said they have introduced legislation that would amend the Age Discrimination in Employment Act to state explicitly that it shields job applicants as well as employees.

  • September 23, 2025

    Phoenix Suns Cut State Claims From Ex-DEI Head's Lawsuit

    The NBA's Phoenix Suns narrowed a suit from a former diversity, equity and inclusion chief who alleged she was fired for calling out racially insensitive remarks and disrespect toward Black employees, as a federal judge ruled she'd waited too long to bring claims under Arizona 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.