Discrimination

  • June 30, 2025

    Justices Decline To Hear Ex-Tesla Worker's Whistleblower Suit

    The U.S. Supreme Court on Monday declined to take up a petition filed by a former Tesla employee who claimed he was retaliated against for reporting various forms of alleged misconduct at a Nevada factory to both company management and the U.S. Securities and Exchange Commission.

  • July 07, 2025

    CORRECTED: 3 Bias Arguments Sessions To Watch In July

    The Third and Sixth Circuits are scheduled to hear a trio of oral arguments in July as a fired professor, human resources executive and school dean each plan to argue that their terminations violated federal anti-bias law. Here, Law360 looks at those cases. 

  • June 30, 2025

    Tennessee Shutters Civil Rights Agency After 62 Years

    Tennessee has closed its 62-year-old agency tasked with enforcing antidiscrimination laws, nullifying any charges pending before it and transferring its civil rights duties to a newly created division within the state attorney general's office.

  • June 30, 2025

    High Court Turns Away Fired Christian Workers' Vax Bias Case

    The U.S. Supreme Court on Monday declined to review a Third Circuit ruling that shuttered Christian workers' suits claiming a healthcare system illegally fired them for opposing its COVID-19 vaccine mandate, despite the workers' assertions that the opinion improperly constricted their religious rights.

  • June 30, 2025

    Trump Administration Says Harvard Violated Civil Rights Law

    The Trump administration on Monday informed Harvard University that it had run afoul of federal civil rights law by failing to protect Jewish and Israeli students on campus from harassment, and threatened to cut all funding from the nation's oldest university.

  • June 30, 2025

    Justices Undo Patients' Win In Gender-Affirming Care Fight

    The U.S. Supreme Court on Monday struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.

  • June 30, 2025

    Justices Turn Away Fired Teacher's Prehire Speech Case

    The U.S. Supreme Court declined on Monday to review a Massachusetts high school teacher's claim that individuals' speech rights should extend to things they say before being hired to a public job, though Justice Clarence Thomas wrote to express dismay with the First Circuit's approach toward controversial political commentary.

  • June 27, 2025

    Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed

    A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.

  • June 27, 2025

    DOD's Pot Questions Violate 5th Amendment, Contractor Says

    A former defense contractor who was denied security clearance because he refused to say if he had consumed marijuana during a specific time period is suing the U.S. Department of Defense, alleging it violated his constitutional right against self-incrimination.

  • June 27, 2025

    Midyear Report: 4 Noteworthy Workplace Bias Rulings

    The U.S. Supreme Court ruled that courts can't impose extra legal hurdles on majority-group plaintiffs in workplace bias cases, while the Second Circuit embraced a worker-friendly reading of the Americans with Disabilities Act. Here's a look at these and two other decisions from the first six months of 2025 that employment discrimination attorneys should know. 

  • June 27, 2025

    Crypto Co. CEO Sued Over Alleged Sex Assault, Retaliation

    The CEO of blockchain platform Mask Network has been hit with a suit in New Jersey federal court from a former employee at his affiliated payroll company alleging he sexually assaulted her during a work trip, fired her after she raised concerns about millions in unreported cryptocurrency transactions, and withdrew sponsorship of her U.S. green card.

  • June 27, 2025

    Google Fired Worker For Taking Medical Leave, Suit Claims

    A former Google employee said she was discriminated against and fired for taking approved medical leave, according to a lawsuit filed in Washington state court.

  • June 27, 2025

    Sam's Club Lifting Work Caused Miscarriage, Ex-Worker Says

    Sam's Club has been sued in Georgia federal court by a former employee who is alleging she suffered a miscarriage after the retailer failed to accommodate work restrictions related to her attempt to become pregnant through in vitro fertilization by making her do heavy lifting work.

  • June 27, 2025

    Jury Must Decide Telework Feasibility In EEOC Bias Case

    The U.S. Equal Employment Opportunity Commission must take to trial most of its lawsuit alleging a pediatric clinic fired an employee because of her anxiety, a Georgia federal judge ruled Friday, saying jurors should weigh the clinic's evidence suggesting it would've been impractical to let her work remotely.

  • June 27, 2025

    10th Circ. Says Ex-Principal's Bias Suit Needs 2nd Look

    The Tenth Circuit revived Friday part of a Black former principal's race bias suit claiming her contract was not renewed because she complained about facing racism on the job, ruling the lower court needs to reconsider her bias claims after improperly disqualifying a human resources director's testimony.

  • June 27, 2025

    NC Appeals Court Urged To Back Firing Of General Counsel

    North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.

  • June 27, 2025

    7th Circ. Says Union Backed Worker Who Claimed Bias

    The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.

  • June 27, 2025

    EEOC Sues Pearson Over Online Access For Visually Impaired

    Educational publisher Pearson Education Inc. violated federal disability law when it failed to ensure visually impaired workers could access trainings and view benefits through online platforms, the U.S. Equal Employment Opportunity Commission told a New Jersey federal court Friday.

  • June 27, 2025

    Walmart Crime Record Checks Harm Black Workers, Suit Says

    Walmart shirked civil rights law by using criminal background checks that screened out Black workers who wanted to be rehired for roles they previously held after the retail behemoth took over management of an Illinois distribution center, according to a new suit filed in federal court.

  • June 27, 2025

    DC Judge Says Teen Health Projects Can 'Shutter' Temporarily

    Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.

  • June 27, 2025

    Conn. Firm Wins Bias Suit Appeal By Fired Legal Assistant

    Connecticut law firm Whitman Breed Abbott & Morgan LLC on Friday prevailed in an appeal brought by a former legal assistant who claimed she was wrongly fired for seeking to work entirely from home during the COVID-19 pandemic, with a three-judge panel holding that her proposed accommodation was not reasonable.

  • June 27, 2025

    Omni Worker Demoted After Seeking Sabbath Off, EEOC Says

    Omni Hotels abruptly revoked a Chicago-based bellhop's ability to take Sundays off to observe the Sabbath and demoted him to part-time work, both in violation of federal civil rights law, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • June 27, 2025

    Calif. Forecast: Staffing Co. Wants Discrimination Case Axed

    In the coming week, attorneys should keep an eye out for arguments in a staffing company's renewed attempt to toss a disability discrimination case. Here's a look at that case and other labor and employment matters coming up in California.

  • June 27, 2025

    Insulation Co.'s Owner Sexually Harassed Worker, EEOC Says

    An insulation company's owner sexually harassed an office manager for years by showing her naked pictures of women, spreading rumors about her sex life and touching her inappropriately, according to a suit filed by the U.S. Equal Employment Opportunity Commission.

  • June 26, 2025

    Nurse Wins $27M In Retaliation Case Against Dignity Health

    A former chief nursing officer who sued the West Coast hospital system Dignity Health alleging she was illegally terminated for raising serious safety concerns was awarded $27.5 million from a Los Angeles jury, her attorneys announced Thursday. 

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.