Discrimination

  • November 20, 2025

    Hospital's Challenge To EEOC Disability Bias Suit Falls Short

    A Michigan hospital can't escape a U.S. Equal Employment Opportunity Commission suit claiming it unlawfully refused to transfer a nurse with a metabolic disorder to a less demanding position, with a federal judge saying the hospital hadn't shown the court erred when it sent the case to a jury.

  • November 20, 2025

    EEOC Warns Employers Not To Favor Workers On H-1B Visas

    The U.S. Equal Employment Opportunity Commission issued a document flagging legal risks for businesses that give preferences to foreign workers over Americans, saying job ads including phrases like "H-1B preferred" could violate federal anti-discrimination law.

  • November 19, 2025

    TD Bank Accused Of Chinese Discrimination In AML Fallout

    Ex-TD Bank employees on Wednesday hit the bank with a proposed class action accusing it of unlawfully targeting and firing its Chinese and Chinese-American workers in an attempt to show compliance with anti-money laundering procedures in the wake of enforcement actions taken by the U.S. government against the bank.

  • November 19, 2025

    NJ Jury Awards $1.7M To Housing Authority Whistleblowers

    A New Jersey federal jury has awarded $1.7 million to two former and current city of Camden housing authority employees who claimed they were terminated for raising concerns about corruption within the agency, according to a court order entering the judgment.

  • November 19, 2025

    Christian Org. Gets Permanent Block On PWFA Abortion Regs

    The U.S. Equal Employment Opportunity Commission won't require a Missouri-based Christian education foundation to provide workplace accommodations for workers who get abortions, agreeing to an injunction as part of a deal ending the nonprofit's lawsuit over the agency's Pregnant Workers Fairness Act regulations.

  • November 19, 2025

    Paramount Snags Win Over Ex-CBS Manager Bonus Case

    A former CBS News station manager failed to show that her bonus was promised as part of her wages, a Maryland federal judge said Wednesday, agreeing with Paramount that the bonuses were discretionary.

  • November 19, 2025

    Ex-FBI Trainee Says He Was Fired For Displaying Pride Flag

    An FBI agent trainee sued director Kash Patel and the U.S. Department of Justice in Washington, D.C., federal court Wednesday alleging he was arbitrarily singled out and fired for displaying a Pride flag at his personal workstation, in violation of his constitutional rights to equal protection and free speech.

  • November 19, 2025

    11th Circ. Judge Hints Worker's Hairstyle Bias Win Unsound

    An Eleventh Circuit judge expressed concern Wednesday over the jury instructions that led to a verdict of more than $800,000 for a former Hyundai plant security guard who challenged a workplace ban on her locs hairstyle, saying the way the jury was advised was not "harmless error."

  • November 19, 2025

    JCPenney Fired Worker Over Cancer Absences, EEOC Says

    JCPenney illegally fired a warehouse employee after faulting her for taking too much time off work to attend chemotherapy sessions for breast cancer, according to a new suit the U.S. Equal Employment Opportunity Commission filed in Georgia federal court.

  • November 19, 2025

    9th Circ. Renews Exotic Dancer's Indirect Retaliation Claim

    The Ninth Circuit revived an exotic dancer's suit claiming a manager canceled their performance after the dancer sued another club for wage violations, ruling their employer didn't need to be directly responsible for the retaliation for the case to be viable.

  • November 19, 2025

    Paxton Deputies Seek To Block Subpoenas In Harassment Suit

    Two high-ranking attorneys in the Texas Office of the Attorney General this week blasted deposition subpoenas they got from a pair of former OAG lawyers facing a sexual harassment suit as the "epitome" of abusive discovery.

  • November 19, 2025

    UPenn Stonewalling In Antisemitism Probe, EEOC Says

    The U.S. Equal Employment Opportunity Commission urged a federal court to force the University of Pennsylvania to turn over names of workers who may have endured or witnessed antisemitism on campus, arguing the school is hindering an investigation into alleged civil rights law violations.

  • November 19, 2025

    Trump Taps Norton Rose Atty To Be EEOC General Counsel

    President Donald Trump has nominated Norton Rose Fulbright's global labor and employment head to serve a four-year term as general counsel of the U.S. Equal Employment Opportunity Commission.

  • November 18, 2025

    Hairstyle Bias Case May Let 11th Circ. Tackle Disparate Impact

    The Eleventh Circuit is scheduled to hear arguments Wednesday in a race bias case over a workplace ban on locs, a legal battle that experts said could prompt the court to shed much-needed light on what it takes to bring a disparate impact discrimination claim. 

  • November 18, 2025

    NY Court Skeptical Of Teacher Fired For Israel-Gaza Blog Post

    New York state's top court grappled Tuesday with the limits of a state law safeguarding workers' off-duty conduct as it mulled a former synagogue teacher's challenge to her firing over a blog post about Israel and Palestine, with one judge asking whether a hypothetical racist outburst would be protected.

  • November 18, 2025

    Asst. Gets New Try At Religious Bias Suit Over Wash. Vax Rule

    A divided Washington state appeals court panel said Tuesday a lower court was wrong to dismiss a legal assistant's lawsuit accusing the Washington State Attorney General's Office of wrongfully refusing her request for a religious accommodation to the state's COVID-19 vaccine mandate, reopening the suit.

  • November 18, 2025

    Noem Says US Security Behind Job Denial, Not Religious Tea

    Homeland Security Secretary Kristi Noem countered a job applicant's lawsuit alleging religious discrimination, telling a Florida federal court that the judiciary system lacks the authority to scrutinize the department's national security decisions.

  • November 18, 2025

    Trade Groups Want Justices To Mull Collective Standard

    Two trade associations urged the U.S. Supreme Court to put an end to a lack of guidance courts have to deal with when it comes to certifying collectives, backing Eli Lilly & Co. in its efforts to have the justices take up an age discrimination case.

  • November 18, 2025

    3rd Circ. Backs Burger King's Win In Miscarriage Bias Suit

    The Third Circuit upheld an arbitrator's ruling that Burger King didn't discriminate against an ex-employee's pregnancy when her superiors wouldn't relieve her when she miscarried during a shift, finding the arbitrator rationally determined that bias did not infect company decision-making.

  • November 18, 2025

    Latino Atty Drops Bias, Retaliation Suit Against Va. Law Firm

    A Latino former managing partner for an employee-side law firm told a Maryland federal court Tuesday that he agreed to end his lawsuit claiming he was fired for flagging bias and advocating to raise a Black attorney's pay.

  • November 18, 2025

    MVP: Wigdor's David E. Gottlieb

    David E. Gottlieb of Wigdor LLP tested the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, securing a significant win in a discrimination case that reached the Second Circuit and earning him a spot among the 2025 Law360 Employment MVPs.

  • November 18, 2025

    Arbitration Pact Can't Stop Busser's Harassment, Wage Suit

    A restaurant worker who claimed he was sexually harassed on the job and underpaid can keep his suit in New York federal court after a judge found that a law barring mandatory arbitration for sexual harassment disputes also shields his wage claims.

  • November 18, 2025

    Deaf Worker Rejected For Seeking Interpreter, EEOC Says

    A freight delivery company and a staffing firm revoked a deaf driver's job offer because she requested a sign language interpreter during orientation, the U.S. Equal Employment Opportunity Commission said in a suit.

  • November 17, 2025

    Union Accused Of Discrimination Against Worker With PTSD

    The Teamsters discriminated against a longtime employee with post-traumatic stress disorder by scheduling her to work during her therapy sessions and requiring her to rent cars, which triggers her, a lawsuit filed Monday in D.C. federal court alleges.

  • November 17, 2025

    GOP States Urge Justices To Clarify Collective Cert. Standard

    A coalition of 21 states and two business groups told the U.S. Supreme Court on Monday that lower courts' allegedly premature certification of collective actions drives up the cost of litigation and forces employers into multimillion-dollar settlements, backing Eli Lilly & Co. in a worker's age bias case.

Expert Analysis

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Eye On Compliance: When Calif. Jobs Require Driver Licenses

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    With a California law banning unnecessarily requiring job applicants to have driver's licenses rolling out Jan. 1, employers should take to heart the law's goal of preventing discriminatory barriers while they assess and revise their employment materials for compliance, says Ani Khachatryan at Wilson Elser.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.