Discrimination

  • July 10, 2025

    House Dem Says FCC Must Follow Law On DEI Probes

    A House Democrat who helps oversee the Federal Communications Commission says agency chief Brendan Carr must avoid any hint of targeting companies' diversity initiatives for political reasons rather than legal rationale against discrimination.

  • July 10, 2025

    Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit

    The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.

  • July 10, 2025

    8th Circ. Backs EEOC Win In Deaf Bias Row With Trucking Co.

    The Eighth Circuit declined on Thursday to upend decisions in favor of the U.S. Equal Employment Opportunity Commission in its lawsuit accusing a trucking company of refusing to hire a driver because he's deaf, rejecting the employer's argument that the applicant wasn't qualified for the job.

  • July 10, 2025

    Ga. Sheriff Fired Deputy For Supporting Rival, Suit Says

    Fulton County, Georgia, its sheriff's office and its sheriff have been sued in federal court by a former sheriff's office employee who alleged he was fired because he supported the sheriff's political opponent in the 2024 election.

  • July 10, 2025

    11th Circ. Keeps County Win In Prison Promotion Bias Row

    The Eleventh Circuit kept intact a Georgia district court's decision to toss a county prison counselor's suit claiming she was passed over for promotion because of her gender, ruling Thursday that she lacked evidence to support a discrimination claim.

  • July 10, 2025

    6th Circ. Sinks Ex-Christian School Dean's Racial Bias Claims

    A Christian school's onetime dean of students cannot have his dismissed race and sex discrimination lawsuit revived because his former position falls under a ministerial exception that bars employment claims, the Sixth Circuit has found.

  • July 10, 2025

    Veteran In-House Atty Heads McAllister Olivarius' US Practice

    A former general counsel at PepsiCo and GE is now head of the U.S. practice at McAllister Olivarius, bringing decades of in-house experience to the British-American firm that represents survivors of sexual abuse, harassment and discrimination, according to an announcement.

  • July 09, 2025

    3 Dress Code Tips For Employers As Summer Temps Rise

    With summer temperatures nearing their annual apex in much of the U.S., employers have plenty of leeway to implement dress codes and grooming policies that balance comfort and professionalism, but attorneys say there are still a few land mines to sidestep along the way. Here, experts discuss three ways employers can craft dress codes while staying on the right side of antidiscrimination law.

  • July 09, 2025

    Boston U. Beats Ex-Worker's Suit Over Sex Harassment Probe

    Boston University defeated a former maintenance employee's lawsuit alleging the school bungled its investigation into a sexual harassment complaint against him, with a Massachusetts federal judge ruling the worker's claim was preempted by federal labor law because it required examining his union contract.

  • July 09, 2025

    3rd Circ. Probes 'Disruption' By Alt-Right Ex-Prof's Speech

    A Third Circuit panel pressed the New Jersey Institute of Technology on Wednesday to show that what it called racist off-campus comments by a professor had caused such a disruption that it had to fire him, with one judge asking where they should draw the First Amendment line for free speech.

  • July 09, 2025

    HELP Sets Hearing On NLRB GC, EEOC Member Noms

    President Donald Trump's picks to be the general counsel of the National Labor Relations Board and fill a vacancy on the U.S. Equal Employment Opportunity Commission will face their first test next week at a U.S. Senate committee hearing.

  • July 09, 2025

    Red Cross Vax Refuser Decries Firing Over Religious Beliefs

    A former nurse for the American Red Cross suffered physically and economically after she was fired from the organization for not receiving the COVID-19 vaccine, counsel for the nurse told a Detroit federal jury Wednesday, arguing that, in the United States, the Red Cross should not be the arbiter of sincerely held religious beliefs.

  • July 09, 2025

    T-Mobile Tanks DEI Policies To Meet FCC Chair's Goal

    T-Mobile says it will shut down diversity, equity and inclusion programs to align with goals of the Federal Communications Commission's chair as the carrier seeks regulatory approval of two major wireless and fiber deals.

  • July 09, 2025

    DOL Watchdog Seeks Form Update To Match Trump Order

    The Office of Federal Contract Compliance Programs intends to modify its bias complaint form to reflect the Trump administration's rescission of a longstanding legal authority used to prevent federal contractors from discriminating against workers, saying Wednesday the update is urgently needed to prevent public confusion.

  • July 09, 2025

    Fired Male VA Counselor Secures Trial In Sex Bias Suit

    The U.S. Department of Veterans Affairs can't escape a male ex-counselor's sex bias suit claiming his boss declined to promote him because he wanted the job to go to a woman, a Texas federal judge said, ruling a jury needs to probe whether discrimination cost him the position.

  • July 09, 2025

    Top Dems Press EEOC On 'Shakedown' Of Major Law Firms

    Top congressional Democrats are once again seeking information on the Trump administration's "shakedown" of major law firms over their past work and clients.

  • July 08, 2025

    Macy's Says McLaughlin Ruling Backs Axing DOL's ERISA Suit

    Macy's has once again asked an Ohio federal judge to slash a U.S. Department of Labor lawsuit claiming the retail company discriminated against tobacco users by charging them an extra fee through its health insurance plan, this time leaning on the U.S. Supreme Court's recent McLaughlin ruling to argue no new lawsuit is required to push aside agency rulemaking.

  • July 08, 2025

    Chicago Nabs Early Win In City Workers' Genetic Bias Suit

    The city of Chicago defeated allegations that the genetic information of two employees was taken when their spouses took part in a wellness program, with an Illinois federal judge finding that evidence does not back the claims that detailed information was disclosed in violation of federal law.

  • July 08, 2025

    VA Worker Can't Revive Scooter Storage Accommodation Suit

    The Seventh Circuit upheld the U.S. Department of Veterans Affairs' defeat of a lawsuit claiming the agency unlawfully revoked a disabled employee's reserved parking space during the COVID-19 pandemic, saying the VA's offer of an alternative spot wasn't unreasonable just because he couldn't lock his mobility scooter overnight.

  • July 08, 2025

    3 Things To Know About NYC's New Prenatal Leave Regs

    New York this year became the first state in the nation to mandate paid prenatal leave for pregnancy-related work absences, and New York City went a step further by imposing additional administrative requirements for employers in the Big Apple. Here are three things to know about the NYC regulations.

  • July 08, 2025

    Ex-Partner Says BDO Fired Her Over Leave For Son's Stroke

    A former tax partner for accounting giant BDO said Tuesday that the firm fired her after manufacturing performance issues because she took leave to care for her son who suffered a brain hemorrhage, according to the $75 million discrimination suit she filed in New York federal court.

  • July 08, 2025

    Pa. Panel Grants Immunity To Nursing Board In Exam Dispute

    A Pennsylvania appellate court on Tuesday narrowly rejected a lawsuit filed by an ex-nurse who contends a state board violated her rights by ordering her to undergo a mental health exam, finding instead that the board members are entitled to quasi-judicial immunity.

  • July 08, 2025

    Wells Fargo Wants Investors' 'Sham' Hiring Suit Tossed

    Wells Fargo & Co. is once again looking to rid itself of a California-based class action accusing it of deceiving investors about its hiring practices, arguing that suing shareholders have not found any evidence that so-called sham job interviews were widespread at the bank.

  • July 08, 2025

    DC Circ. Says Teacher's Settlement Didn't Guarantee Rehiring

    The D.C. Circuit refused to reopen a teacher's lawsuit claiming D.C. Public Schools violated an agreement settling sexual harassment allegations when it declined to rehire him, ruling Tuesday the pact only guaranteed that he would be allowed to reapply for teaching jobs.

  • July 08, 2025

    Cannabis Co. Escapes Sales Commissions Suit

    A cannabis company's promise to pay an employee commissions when she got a promotion was but a "puff of smoke," an Illinois federal judge ruled, finding the lack of a formal contract means her lawsuit must be dismissed.

Expert Analysis

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • 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.