Discrimination

  • June 12, 2025

    8th Circ. Revives ADA Suits Over Union Pacific Fitness Tests

    The Eighth Circuit revived two discrimination suits Thursday from workers who said Union Pacific Railroad Co. used fitness for duty tests to screen out workers with disabilities, ruling the limitations clock on their claims were frozen by a separate class action the Eighth Circuit decertified in 2020.

  • June 12, 2025

    6th Circ. Probes County's Push To Upend Worker's ADA Win

    The Sixth Circuit had tough questions Thursday for a Tennessee county trying to upend a jury win for a worker with night blindness who said her firing violated disability bias law, with one judge saying the county relied on a decision issued before the law's definition of disability was expanded.

  • June 12, 2025

    GOP Floats Ban On Bias Against Binary Gender Proponents

    A Republican senator has proposed modifying federal civil rights law to bar discrimination against workers who view a person's gender as strictly male or female, following President Donald Trump's order earlier this year that the executive branch would only recognize two genders.

  • June 12, 2025

    DC Judge Skeptical That Politics Sparked FBI Agent's Firing

    A D.C. federal judge on Thursday sought to suss out whether the appearance of bias or GOP outcry was to blame for the firing of an FBI agent whose text messages disparaging President Donald Trump became public.

  • June 12, 2025

    11th Circ. Won't Revive Nurses' African Bias, Retaliation Suit

    The Eleventh Circuit on Thursday backed an Atlanta hospital's defeat of a lawsuit claiming it disciplined and fired two nurses who complained that a supervisor made derogatory comments about African employees, saying neither woman could overcome evidence of their misconduct.

  • June 12, 2025

    Unifi Aviation Sued For Firing Ga. Worker After FMLA Approval

    The largest aviation ground handling service in North America has been sued in Georgia federal court by a woman who alleges she was pressured to speak with a male manager about her reproductive issues after requesting medical leave, then fired once that leave was approved.

  • June 12, 2025

    Athletes Revive Title IX Objections In NIL Settlement Appeal

    Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.

  • June 12, 2025

    Trans Ex-Teacher's Resignation Sinks Bias Suit, Fla. Says

    Florida's education agencies urged a federal judge Thursday to toss a transgender ex-teacher's suit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, stating his claims fail because he resigned before the new rules took effect.

  • June 12, 2025

    Judge Hints Signature Is Evidence Staffer Waived Jury Trial

    A New Jersey state court judge appeared skeptical Thursday of a fired Blume Forte Fried Zerres & Molinari staffer's argument that an arbitration agreement she signed as part of the firm's onboarding process is invalid because it was never explained to her, and she has no recollection of signing it.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 12, 2025

    NY State Advances Bill To Shield Jury Awards In Bias Cases

    A bill that would block judges from decreasing awards in employment discrimination cases cleared New York's state Senate along party lines, marking a step forward in legislators' effort to curb second-guessing of state juries.

  • June 12, 2025

    Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict

    Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.

  • June 12, 2025

    High Court Levels ADA Playing Field For Disabled Students

    The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should not face a higher standard of proof than plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.

  • June 11, 2025

    Fed. Circ. Says VA Worker Must Submit To Random Drug Tests

    The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.

  • June 11, 2025

    UNC Hospital System Must Face Ex-Resident's Bias Suit

    The University of North Carolina's hospital system must face a discrimination lawsuit filed by a fired surgical resident, a North Carolina federal judge ruled Wednesday, tossing the system's motion to dismiss claims that the discharge decision was motivated by bias against the resident's mental health conditions.

  • June 11, 2025

    Credit Agricole Boss Can't Knock Out Ex-Banker's Bias Suit

    A New York federal judge narrowed but declined to completely toss a bias suit from a Latinx Credit Agricole trader who said his boss repeatedly disrespected him, handed his responsibilities to a white trader and then tanked his performance review after he complained. 

  • June 11, 2025

    Trump's Anti-DEI Tack Merits Revisiting Voluntary Bias Audits

    The Trump administration's willingness to target alleged discrimination stemming from efforts to diversify workplaces doesn't rewrite the rules for internal audits looking to ferret out bias, experts say, but employers would still be wise to give their practices a fresh look.

  • June 11, 2025

    8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling

    An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.

  • June 11, 2025

    Walmart Pharmacist Says Age, Disability Bias Led To Firing

    A former pharmacy manager at a Massachusetts Walmart said he suffered age and disability discrimination following a stroke, then was wrongfully fired after more than 20 years with the retailer.

  • June 11, 2025

    8th Circ. Weighs Protections For Principal's LGTBQ+ Support

    The Eighth Circuit closely scrutinized a former public school principal's free speech case over her advocacy for LGBTQ+ students Wednesday, with the judges hunting for the line at which her campaign may have crossed into protected activity.

  • June 11, 2025

    Siemens Unit Settles Calif. Watchdog's Racial Slur Probe

    California's civil rights enforcement agency said Wednesday that a railway technology company had settled an investigation into a worker's claims that he was wrongly suspended and escorted off the job after complaining about co-workers using racial slurs.

  • June 11, 2025

    Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit

    The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.

  • June 11, 2025

    DOL, EEOC Noms To Go Before Senate Panel

    President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.

  • June 11, 2025

    Disney's Hiring Is Biased Toward Immigrants, Calif. Court Told

    The Walt Disney Co. illegally fired a human resources specialist because she raised concerns about what she saw as the company's practices of primarily hiring immigrant workers while disproportionately firing African American employees, she told a California state court.

  • June 11, 2025

    Weinstein Convicted Of 1 Charge In Mixed, Partial Verdict

    A Manhattan state court jury on Wednesday convicted movie mogul Harvey Weinstein of sexually assaulting a production assistant, acquitted him of assaulting a former model and indicated it had so far failed to reach a verdict on a charge alleging he raped an actress.

Expert Analysis

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • 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.