Discrimination

  • May 20, 2025

    5th Circ. Service Dog Ruling Highlights Circuit Split On ADA

    A recent Fifth Circuit decision finding that failing to accommodate a disabled worker can violate the Americans with Disabilities Act — even if that failure doesn't translate to harm like job loss — underscores disagreement among federal appeals courts that the U.S. Supreme Court needs to resolve, experts say.

  • May 20, 2025

    Red Cross Seeks Clarity On Deposition Order In Vax Bias Case

    The American Red Cross asked a Michigan federal judge on Monday to clarify that an April ruling allows the organization to depose the husband of a Christian nurse alleging she was fired for not getting the COVID-19 vaccine, saying the worker's attorneys refused to make him available.

  • May 20, 2025

    Rehab Co. Will Pay To End EEOC Bias Probe Over Vaccine

    An Oregon-based rehabilitation and therapy provider will pay damages to a former employee who told the U.S. Equal Employment Opportunity Commission she was fired because of her religious opposition to the COVID-19 vaccine, the federal agency announced Tuesday.

  • May 20, 2025

    Colorado Bans Deadnaming Transgender Workers

    It is now illegal in Colorado to intentionally deadname or misgender a transgender person at work or school, according to a new law signed by the state's governor that expands anti-discrimination protections for transgender residents.

  • May 20, 2025

    Detroit Tigers, Former VP Spar Over Age, Race Bias Claims

    The Detroit Tigers said a former vice president was let go as part of a COVID-19 pandemic workforce reduction while the ex-executive said the pandemic was a smokescreen for firing an older Black woman, as each argued the other side should not get an early win in the lawsuit. 

  • May 20, 2025

    9th Circ. Revives Ex-Army Corps Boat Operator's Bias Suit

    The Ninth Circuit revived a lawsuit claiming the U.S. Army Corps of Engineers refused to rehire a boat operator because he was in his 50s and has diabetes, saying a trial court held the civilian worker's allegations to an incorrectly high standard.

  • May 20, 2025

    Doctor's Disability Bias Claim Too Late, Mass. Court Says

    A former Brigham and Women's Hospital anesthesiologist and Harvard Medical School faculty member is time-barred from pursuing disability bias claims for actions by the hospital that he was aware of as early as 2006, an intermediate Massachusetts appellate court has concluded.

  • May 20, 2025

    EEOC Annual Worker Data Bid Opens With Diversity Warning

    The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.

  • May 19, 2025

    Former Kite Pharma Exec Alleges Gender Bias, Retaliation

    Gilead Sciences and its subsidiary Kite Pharma have been hit with a suit in California state court by a former company executive alleging she was underpaid compared to her male counterparts and fired while out on medical leave after she raised concerns about equal pay. 

  • May 19, 2025

    11th Circ. Says Logistics Worker's FMLA Award Lacks Support

    The Eleventh Circuit partially overturned a $1.2 million award Monday in favor of a former supervisor who claimed a logistics company prevented him from taking Family and Medical Leave Act leave after he had back surgery, saying he hadn't shown the alleged interference caused him to lose any money.

  • May 19, 2025

    FCC's Carr Claims Victory Versus DEI In Verizon-Frontier OK

    Verizon took a leap toward closing its $20 billion bid for Frontier Communications by gaining the Federal Communications Commission's approval after ditching its diversity, equity and inclusion programs at the behest of FCC Chair Brendan Carr.

  • May 19, 2025

    5th Circ. Tosses FCC Workplace Diversity Reporting Rule

    The Fifth Circuit on Monday threw out a Federal Communications Commission rule that required TV and radio broadcasters to disclose employment diversity data to the FCC.

  • May 19, 2025

    7th Circ. Won't Reopen Male Ex-School Director's Bias Suit

    The Seventh Circuit refused to upend a private school's win over a lawsuit alleging it unlawfully terminated an administrator and replaced him with a woman, saying he couldn't overcome the school's explanation that he was let go for breaching his boss's trust.

  • May 19, 2025

    Ex-CTA Worker Can Take Vaccine Bias Claim To Trial

    An ex-Chicago Transit Authority employee fired after refusing COVID-19 vaccination can take his religious discrimination claim to a jury this summer after an Illinois federal judge grilled the agency Monday on its assertion that the plaintiff didn't seek an exemption for sincerely held religious beliefs and rejected its argument that he was "cherry-picking" Catholic doctrine.

  • May 19, 2025

    DOJ To Probe Whether Chicago's Hiring Is Too Pro-Black

    The head of the U.S. Department of Justice' civil rights arm said Monday she greenlighted an investigation into whether Chicago is unlawfully favoring Black workers in hiring, a day after the city's Democratic mayor touted the number of Black staffers in his administration.

  • May 19, 2025

    Ex-CEO Accuses Omnicom Of Gender, Age Bias In Pay Suit

    Omnicom paid the CEO of one of its agencies less than her male counterparts and fired her under the pretext of a restructuring when she complained, the former executive told a Texas federal court, alleging the marketing and communications firm discriminated against her because she's a woman in her 60s.

  • May 19, 2025

    Subway Supervisor Sexually Assaulted Worker, EEOC Says

    A young employee of a Subway franchise was sexually harassed and eventually assaulted by an older supervisor, the U.S. Equal Employment Opportunity Commission claimed in a new lawsuit filed in Utah federal court, faulting the franchisee for failing to enact proper safeguards to halt abuse.

  • May 19, 2025

    Atty Says Texas Firm Fired Her For Taking Protected Leave

    A former associate at a prominent Texas personal injury firm who claims she was fired after she took medical leave for a disabling eye condition and bereavement leave upon her mother's death has brought a disability discrimination suit against the firm and associated entities in federal court in Houston.

  • May 19, 2025

    Ex-Staffer Fights NJ Law Firm Blume Forte's Arbitration Bid

    A former staff member who is suing personal injury law firm Blume Forte Fried Zerres & Molinari PC, alleging disability discrimination, is disputing an assertion that she signed a valid arbitration agreement with the firm, arguing that any such agreement is unenforceable in New Jersey state court.

  • May 19, 2025

    Hanson Bridgett Expands To Fresno With Ex-Littler Leader

    California firm Hanson Bridgett LLP has brought on a former office managing shareholder for employment firm Littler Mendelson PC — Hanson Bridgett's first attorney in Fresno, where it plans to open its seventh office this year.

  • May 19, 2025

    That's What The Money Is For: Pay Lessons From 'Mad Men'

    "Mad Men," the dramatic AMC television series about a 1960s-era advertising agency, offers lessons on a host of employment law issues for today's workforce, such as how to manage pay for superstar employees who go on extended leave and what not to do when it comes to paying men and women equally. Here, to accompany the 10th anniversary this month of the show's final episode, Law360 conducts a compliance audit of the storied Sterling Cooper.

  • May 19, 2025

    5th Circ. Affirms Masculinity Gibe Can't Sustain Gay Bias Suit

    The Fifth Circuit backed a hospice company's win over a former nurse who said a supervisor failed to take action when a colleague insulted him for being gay, saying the coworker's offensive comment wasn't enough to sustain a bias case.

  • May 19, 2025

    Ex-Litigator Settles Disability Bias Suit Against Wilson Elser

    A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.

  • May 19, 2025

    Law Students Say 'Thousands' At Risk From EEOC Data Probe

    Three law students who sued last month to challenge the U.S. Equal Employment Opportunity Commission's requests for law firms' diversity data are looking to expand their case to represent a class of thousands of attorneys whose personal information might be swept up by the agency.

  • May 19, 2025

    'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit

    Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.

Expert Analysis

  • 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.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.