Discrimination

  • November 24, 2025

    Muldrow Gets Embassy Officer New Trial On Bias Claims

    An Asian American security officer got another shot at convincing a jury that the U.S. State Department denied her an assignment out of race and gender bias, after a D.C. federal judge ruled that her claims should be reevaluated in light of the U.S. Supreme Court's Muldrow decision.

  • November 24, 2025

    Stone Hilton Fights Ex-Aide's Bid To Toss FLSA Defense

    A former Stone Hilton PLLC executive assistant's bid to toss the firm's defense in her sexual harassment and unpaid wage suit that she is exempt from the Fair Labor Standards Act was three weeks late, the firm and its founders have told a Texas court.

  • November 24, 2025

    EEOC General Counsel Pick Keen To Root Out Religious Bias

    The longtime Norton Rose Fulbright litigator recently tapped to serve as U.S. Equal Employment Opportunity Commission general counsel told Law360 that if confirmed, he "absolutely" plans to support the priorities of the agency's Republican leadership and that he's "very interested" in religious bias cases.

  • November 24, 2025

    Penn State Says Ex-Trustee Posted Damning Letter First

    The Pennsylvania State University sought to dismiss a former trustee's lawsuit over alleged retaliation for his investigating fees it paid and its finances, arguing in part that a letter he claimed had defamed him was one he had first made public himself.

  • November 24, 2025

    High Court Skips Ex-BNSF Conductor's Retaliation Suit

    The U.S. Supreme Court declined Monday to wade into a former BNSF Railway conductor's suit claiming he was fired in retaliation for testing train cars' brakes, leaving in place a Ninth Circuit ruling that found the railroad had demonstrated he was let go for policy violations.

  • November 24, 2025

    High Court Turns Away Black Michigan Law Prof's Bias Case

    The U.S. Supreme Court refused Monday to review the dismissal of a discrimination and retaliation suit from a Black University of Michigan Law School professor who claimed she was unfairly disciplined for complaining about race bias on campus and for taking medical leave.

  • November 24, 2025

    High Court Won't Revive UBS Retaliation Case Again

    The U.S. Supreme Court on Monday said it would not again take up a fired UBS worker's whistleblower retaliation lawsuit concerning whether the Sarbanes-Oxley Act requires whistleblowers to show proof of discrimination or proof of retaliation.

  • November 21, 2025

    'Housewives' Star Says Revenge Porn Talks Were Coerced

    Former "Real Housewives of Atlanta" star Brit Eady accused Bravo and the show's production company of blackmailing her into discussing a "disgusting" revenge porn incident where in front of a live event audience, a cast member showed a graphic image falsely attributed to Eady.

  • November 21, 2025

    SEIU Unit Fights Hospital Worker's Firing Over Pot Test

    A Service Employees International Union unit said an Ohio hospital must comply with an arbitrator's order to rescind its write-up of a worker who tested positive for cannabis use after a random drug test, telling a federal court Thursday in a suit that a prior effort to clean a worker's slate was successful.

  • November 21, 2025

    Roofing Co. Ignored 'Egregious' Race, Sex Bias, EEOC Says

    An Illinois roofing company failed to address racist remarks and inappropriate sexual comments regularly made by a subsidiary's vice president and other employees, ultimately forcing a worker to resign, the U.S. Equal Employment Opportunity Commission alleged in a suit Friday.

  • November 21, 2025

    Hospital Claims EEOC Pressed 'Frivolous' Disability Bias Suit

    A Baltimore-area hospital accused the U.S. Equal Employment Opportunity Commission of mischaracterizing a deaf nurse's medical restrictions and accommodation request to prop up a disability bias suit, telling a Maryland federal court the agency's deception warrants tossing the case.

  • November 21, 2025

    Faulty Dismissal Filing Dooms Ex-AT&T Worker's Bias Appeal

    The Eleventh Circuit said Friday it couldn't wade into a worker's push to revive claims that AT&T illegally faulted employees for pregnancy-related absences, finding a missing signature on a deal to end the case meant the appeals court had no jurisdiction.

  • November 21, 2025

    Calif. Forecast: Tribe To Make Sovereignty Args In Labor Suit

    In the next two weeks, attorneys should keep an eye on Ninth Circuit oral arguments regarding whether a Native American tribe's sovereignty shields it from a labor arbitration award. Here's a look at that case and other labor and employment matters coming up in California.

  • November 21, 2025

    Longtime DOJ Atty Joins Kalijarvi Chuzi In Washington

    An attorney who spent about 17 years with the U.S. Department of Justice's Civil Rights Division, and was part of a team that challenged a North Carolina law banning transgender people from using bathrooms that aligned with their gender identity, has joined Kalijarvi Chuzi Newman & Fitch PC.

  • November 21, 2025

    Teamsters Unit Escapes Black UPS Worker's Bias Suit

    A Teamsters local dodged a Black UPS worker's suit claiming the union discouraged him from complaining about on-the-job race discrimination and interfered with his medical leave, with a Mississippi federal judge ruling the worker hadn't shown he was treated worse than other union members.

  • November 21, 2025

    Meet The Judge Weighing EEOC Disparate Impact Cases

    The Washington, D.C., federal judge set to decide if the U.S. Equal Employment Opportunity Commission must continue probing disparate impact discrimination claims is known as a fair and detail-oriented jurist who has credited his wide-ranging experience — including as a corporate lawyer and a police officer — with preparing him for the bench.

  • November 20, 2025

    10th Circ. Seems Wary Of Trans Students' Bathroom Law Suit

    The Tenth Circuit on Thursday appeared hesitant about reviving a challenge by three transgender students and their parents to an Oklahoma law requiring that school bathroom access be based on birth certificate sex markers, with the judges suggesting that several recent U.S. Supreme Court rulings undermine the students' case.

  • November 20, 2025

    EEOC Accuses Northwestern Mutual Of Blocking DEI Probe

    The U.S. Equal Employment Opportunity Commission urged a Wisconsin federal court Thursday to force Northwestern Mutual to hand over details about its diversity, equity and inclusion policies and workplace trainings, saying the company's evasion is impeding an investigation into a former employee's bias allegations.

  • November 20, 2025

    Transgender National Guard Civilian Sues Over Restroom Rule

    A transgender woman who works as a civilian employee for the Illinois National Guard lodged a putative class action Thursday in D.C. federal court, challenging the Trump administration's policy prohibiting transgender employees from using restrooms that align with their gender identity.

  • November 20, 2025

    9th Circ. Says Jury Needs To Review Fired Atty's ADA Suit

    A split Ninth Circuit panel said Thursday that a law firm must face a fired attorney's disability bias suit claiming she was forced to work beyond a lighter schedule that helped her manage medical conditions, ruling a jury should decide whether the business has enough employees to be sued.

  • November 20, 2025

    Ex-Rutgers Coach Claims Bias, Retaliation In Firing Suit

    A former Rutgers University head women's gymnastics coach claims in a discrimination and retaliation lawsuit that she was wrongfully terminated after a politically charged investigation that cost more than $700,000 and failed to find any misconduct.

  • November 20, 2025

    Ye Avoids Sanctions For Violating Depo Order In Bias Suit

    A California judge denied a request Thursday from a former employee accusing Ye, formerly known as Kanye West, of discrimination to sanction the rapper for failing to sit for a deposition, but warned his attorney not to take "any comfort" in the order because he will need to reach an agreement soon or face "undesirable outcomes."

  • November 20, 2025

    4th Circ. Revives Vaccine Bias Suit Against Humane Society

    The Fourth Circuit on Thursday reopened a lawsuit alleging the Humane Society of the United States fired two remote employees rather than granting their religious requests to skip the COVID-19 vaccine, saying the workers had sufficiently connected their vaccine opposition to their faith.

  • November 20, 2025

    Dell Says Atty's Pregnancy Bias Suit Belongs In Arbitration

    A former in-house attorney for Dell can't pursue a lawsuit alleging that the company fired her because she chose to work remotely to accommodate her high-risk pregnancy, the technology company told a Massachusetts federal judge, arguing she is bound by an arbitration agreement.

  • November 20, 2025

    NJ Panel Expands Scope Of Ex-Reed Smith Atty's Bias Claims

    A New Jersey appellate panel on Thursday ruled that a former Reed Smith LLP attorney is entitled to pursue more damages and obtain expanded wage data in her gender discrimination suit against the firm, saying a trial court incorrectly applied certain statutes when it limited the damages and data she could seek.

Expert Analysis

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

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    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.

  • It Ends With Us Having No Coverage?

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    A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.