Discrimination

  • June 06, 2025

    Calif. Forecast: 9th Circ. To Hear Labor Preemption Arguments

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit regarding the extent to which federal labor law preempts employment law claims, in a case involving UPS. Here's a look at that case and other labor and employment matters coming up in California.

  • June 06, 2025

    NY Forecast: 2nd Circ. Hears SUNY Dean's Retaliation Suit

    This week, the Second Circuit will consider an attempt from a former dean at the State University of New York Upstate Medical University to revive his suit claiming he was demoted in retaliation for advocating against widespread discrimination against students and faculty. Here, Law360 looks at this and other cases on the docket in New York.

  • June 06, 2025

    Sheetz Applicant Seeks Helm In EEOC Criminal History Suit

    A Black job applicant wants to take over a U.S. Equal Employment Opportunity Commissionsuit accusing convenience store chain Sheetz of using a biased policy to screen out workers with criminal histories, as the EEOC seeks to exit the case because of a presidential order disavowing the disparate impact theory.

  • June 05, 2025

    Playboy Fired Exec For Raising Harassment Issues, Suit Says

    Playboy's ousted chief creative officer filed a retaliation suit against the company in Los Angeles Superior Court on Thursday alleging he was illegally terminated after speaking up about sexual harassment, financial improprieties and a minor uploading explicit images of herself to a public company website.

  • June 05, 2025

    USDA Sued Over Ending 600 Grants Via Flawed Form Letters

    A group of environmental and food sustainability nonprofits hit the U.S. Department of Agriculture with a lawsuit in D.C. federal court Thursday, accusing the Trump administration of unconstitutionally exceeding its authority by abruptly rescinding nearly 600 grants via "minimally edited form letters" that had errors and lacked detailed explanations.

  • June 05, 2025

    Red States Double Down On Bid To Stymie Trans Health Rule

    More than a dozen Republican attorneys general challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act said the U.S. Department of Health and Human Services can't keep the rule on the books just because the new administration is unlikely to enforce it.

  • June 05, 2025

    Religious Network Owner Must Face Pastor's Race Bias Suit

    A Michigan federal judge on Wednesday said a religious television network and its owner must face a lawsuit alleging they interfered with a Black pastor's on-air and earning opportunities, saying the pastor shared enough evidence to support his claim that he was discriminated against because of his race.

  • June 05, 2025

    Justices' Revival Of Straight Bias Case May Trigger New Suits

    The U.S. Supreme Court's decision Thursday reviving a straight woman's workplace discrimination suit doesn't mark a huge precedent shift, but along with other recent changes in the employment law arena, it may help set the stage for a surge in bias cases from so-called majority groups, experts say.

  • June 05, 2025

    Wash. County Ex-Diversity Manager Lodges Retaliation Suit

    A former equity, inclusion and belonging manager for Washington state's King County, home to Seattle, has launched a lawsuit contending she was blocked from addressing employee concerns about bias in the workplace, mistreated by white male colleagues, and ultimately pushed out amid a "challenging culture of silence and inaction."

  • June 05, 2025

    Trans Worker Takes Over Harassment Suit After EEOC's Exit

    An Illinois federal judge on Thursday allowed a transgender former hog-farm worker to carry on a U.S. Equal Employment Opportunity Commission suit claiming she was sexually harassed on the job, after the agency dropped the case because it conflicted with a presidential executive order.

  • June 05, 2025

    Attorney's FMLA Suit Against Va. City Headed To Trial

    A former Virginia city assistant attorney's Family and Medical Leave Act suit against the chief city prosecutor will head to trial, a federal judge said Thursday, ruling that there is an open question over whether firing the attorney was a pretext to not grant a leave request.

  • June 05, 2025

    Bar Owners Agree To Resolve EEOC Sex Harassment Suit

    The owners of a defunct Colorado bar will pay $100,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging one of them made inappropriate sexual comments to employees, groped women and disciplined those who complained, according to a filing in federal court.

  • June 05, 2025

    4th Circ. Won't Revive Ex-Fire Captain's Free Speech Suit

    The Fourth Circuit refused to reopen a former Lynchburg, Virginia, fire captain's suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, ruling Thursday that he failed to show why the city should be held liable.

  • June 05, 2025

    Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight

    SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."

  • June 05, 2025

    No Injunction Or Remand In Marine's Vape Discharge Dispute

    A Court of Federal Claims judge denied a former U.S. Marine Corps air traffic control officer's bid for an injunction as he challenges his discharge for allegedly using a prohibited vape, saying the court lacks the power to prevent the government from releasing "disparaging" information.

  • June 05, 2025

    Carmaker Fired Worker For Taking Passover Off, EEOC Says

    The U.S. Equal Employment Opportunity Commission accused car manufacturing giant FCA US of refusing to let a Jewish employee take holy days off and then eventually firing him after he didn't show up to work on Passover, according to a suit filed Thursday in Michigan federal court.

  • June 05, 2025

    Walgreens Says No Standing In Suit Over Tobacco Surcharge

    Walgreens is urging an Illinois federal court to throw out a suit from an employee alleging it illegally imposes a tobacco surcharge on employees in its healthcare program, saying the program complies with federal regulations, and the employee has no standing because she declined to participate in the program.

  • June 05, 2025

    Judge Rejects DC Bid To Toss Black Atty's Bias Suit

    A D.C. federal judge allowed a city attorney's discrimination and retaliation lawsuit to proceed to discovery Thursday, rejecting the D.C. government's motion to toss the claims that a city administrative law judge discriminated against Black women and paid the plaintiff attorney less than her male peers.

  • June 05, 2025

    Foley & Lardner Says Palestine Support Didn't Doom Job Offer

    Foley & Lardner LLP urged an Illinois federal judge to dismiss a bias suit by a former summer associate, arguing her job offer was rescinded not due to her Arab Muslim identity but because her public comments on Hamas' 2023 attack on Israel "violated the firm's core values" and showed "incredibly poor judgment."

  • June 05, 2025

    Judicial Watchdog Says Mich. Judge Created 'Climate Of Fear'

    Michigan's judicial watchdog has said in a formal misconduct complaint a state judge "created a climate of fear" among court personnel that disrupted the administration of the court, "bullied" court staff and improperly dismissed criminal cases to "punish" prosecutors.

  • June 05, 2025

    EEOC Says Co. Fired Christian Driver For Wearing Skirt

    A building materials company fired a cement truck driver after a week of employment because she wore a skirt on the job in compliance with her religious beliefs, the U.S. Equal Employment Opportunity Commission said in a suit filed in Florida federal court.

  • June 05, 2025

    Greenberg Traurig Lands Bracewell Employment Pro In Texas

    Greenberg Traurig LLP has strengthened its labor and employment practice with the addition of a Bracewell LLP attorney in Houston, boosting the firm's ability to serve clients in the growing Texas market and beyond.

  • June 05, 2025

    Ex-Wells Fargo Worker Says 'Herculean' Win Backs Fee Bid

    An ex-Wells Fargo worker awarded $22.1 million in his case claiming he was fired out of disability bias defended his request for $1.5 million in attorney fees, telling a North Carolina federal court his counsel's "superior lawyering" and "herculean effort" justified the proposed award.

  • June 05, 2025

    Justices Fault Wis. For Denying Tax Break To Charities

    Wisconsin discriminated against a group of Catholic charities when it denied them an unemployment tax exemption, the U.S. Supreme Court said Thursday, rejecting the state's argument that the charities were not operated primarily for religious purposes.

  • June 05, 2025

    Justices Nix Higher Hurdle For Heterosexual Bias Claims

    A unanimous U.S. Supreme Court on Thursday vacated the Sixth Circuit's ruling that plaintiffs claiming anti-heterosexual workplace discrimination need to provide extra "background circumstances" evidence, opining that it improperly imposed special standards on majority-group plaintiffs.

Expert Analysis

  • 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.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.