Discrimination

  • May 22, 2025

    Ex-Prosecutor Says Filing Error Wrongly Sank FMLA Claims

    A filing error should not spell demise for a former Virginia city prosecutor's Family and Medical Leave Act claims against the city, his counsel told a federal court, saying the claims should be reinstated because they were never intended to be conceded.

  • May 22, 2025

    Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim

    Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.

  • May 21, 2025

    Littler, Tech Exec Settle Suit Over Firm's 'Unlawful' Advice

    Littler Mendelson PC has settled a tech executive's lawsuit claiming she was suspended and, eventually, fired after the company followed the "unlawful" advice of Littler attorneys, according to a dismissal order issued Tuesday in New York federal court.

  • May 21, 2025

    False Claims Act Gives Trump 'Sledgehammer' To Battle DEI

    The U.S. Department of Justice's vow to invoke the False Claims Act to police alleged civil rights violations tees up a powerful weapon for the Trump administration to wield against contractors and federal grantees with diversity, equity and inclusion programs it claims are discriminatory, experts say.

  • May 21, 2025

    Law Curbing Arbitration Can't Keep Exec's Bias Suit In Court

    A former executive for an investment management firm must arbitrate a gender and age bias suit alleging she faced sexist comments before getting sacked, a Texas appeals court said Wednesday, ruling that her case isn't covered by a law barring mandatory arbitration of sex harassment claims.

  • May 21, 2025

    Atty's Silence Dooms FMLA Claims Against Va. City

    A Virginia city is off the hook in an attorney's lawsuit claiming he was fired after requesting leave to care for his mother, a federal court ruled Wednesday, finding the attorney's failure to respond to the city's filings requires his claims be dismissed.

  • May 21, 2025

    EEOC Ordered To Rewrite PWFA Rule's Abortion Provision

    The U.S. Equal Employment Opportunity Commission must revise part of its year-old regulations implementing the Pregnant Workers Fairness Act, a Louisiana federal judge ruled Wednesday, saying the agency usurped congressional power by requiring workplace accommodations for abortion.

  • May 21, 2025

    FCC's Carr Clashes With Dems Over Verizon DEI Deal

    Congressional Democrats grilled the Federal Communications Commission's chief Wednesday about the legal basis for targeting diversity, equity and inclusion programs at Verizon, days after the wireless giant agreed to drop DEI initiatives amid its takeover of Frontier Communications.

  • May 21, 2025

    Marine Co. Strikes Deal To End EEOC Sex Harassment Suit

    A marine electronics supply company will pay nearly $53,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it allowed a supervisor to sexually harass an employee and fired her after she refused his advances, according to a Louisiana federal court filing.

  • May 21, 2025

    Appliance Co. Says Sanctions Bid Unjust After EEOC Missteps

    An appliance retailer has told a Colorado federal judge that the U.S. Equal Employment Opportunity Commission shouldn't be granted sanctions over unredacted medical records that were publicly filed, arguing that the agency has repeatedly made the same mistake in the disability bias lawsuit.

  • May 21, 2025

    Food Distribution Co. Must Face Tobacco Surcharge Suit

    Food distributor Performance Food Group must face a proposed class action claiming it unlawfully overcharged tobacco users hundreds of dollars for health benefits, with a Virginia federal judge ruling workers sufficiently alleged the company breached its responsibilities under federal benefits law.

  • May 21, 2025

    CSX Engineers Drop Class Claims In Medical Leave Suit

    CSX Transportation Inc. does not have to face class and collective claims alleging its attendance and pay policies unlawfully penalize engineers, conductors and switchmen who take medical leave, as two workers told an Ohio federal court Wednesday they are abandoning their class allegations.

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 21, 2025

    5th Circ. Won't Revive Cop's Bias Suit Over Denied Promotion

    The Fifth Circuit declined to reinstate a Black cop's suit claiming she lost a promotion out of bias and was transferred to a new role after complaining about it, ruling a Mississippi city showed it tapped a white cop for the role because he had more experience.

  • May 21, 2025

    Conn. Public Defender Watchdog Wants Chief's Firing Upheld

    Connecticut's Public Defender Services Commission said in a state court brief that it was "significant misconduct," not racial bias, that caused it to fire the chief public defender, arguing the June 2024 firing came after a litany of complaints and a lengthy pattern of wrongdoing.

  • May 21, 2025

    NYC Hotel, EEOC Ink Deal In ADA Suit Over Knee Condition

    A hotel and members club in New York City will pay $100,000 to end a U.S. Equal Employment Opportunity Commission suit alleging it refused to provide a reasonable accommodation to a worker with a disability and then fired her, according to a federal court filing.

  • May 20, 2025

    Ex-Emory Prof Says Palestine Support Led To 'Brazen' Ouster

    A former professor at Emory University's medical school has sued the university, alleging that she was ousted in 2023 for her social media posts in support of Palestinians, claiming she was the victim of a smear campaign coordinated between the university and outside groups akin to "modern-day McCarthyism."

  • May 20, 2025

    Wash. Judge Doubts T-Mobile Worker's Birthday Bias Stance

    A Washington federal judge expressed skepticism on Tuesday with a former T-Mobile employee's contention that her manager's failure to wish her a happy birthday bolstered her case against the company, questioning any nexus to discrimination.

  • May 20, 2025

    Unions Walk Tightrope When Members Split On Mideast War

    A recent National Labor Relations Board charge accusing a legal aid union of discriminating against Jewish members by opposing an employer's rule that restricts speech about the Israel-Hamas war tests the bounds of unions' obligations to represent all workers when they're split on a divisive identity issue.

  • May 20, 2025

    Injunction On Trump Order Limited To Perkins, Judge Clarifies

    A D.C. federal judge on Tuesday clarified the scope of her injunction blocking President Donald Trump's executive order targeting Perkins Coie LLP, explaining that her ruling prohibits the president from directing government agencies to investigate only Perkins Coie's employment practices and not the other BigLaw firms.

  • May 20, 2025

    Lawmakers Refloat Bipartisan Bill To Support Age Bias Suits

    A bipartisan group of lawmakers announced Tuesday they will be reintroducing a bill that aims to lower the legal hurdles workers must clear to show they have been discriminated against because of their age.

  • May 20, 2025

    Texas A&M Says Prof's Pregnancy Leave Wasn't Under FMLA

    Texas A&M University told a state appellate court that it should be freed from a lawsuit brought by a professor who was denied tenure because she technically never took family medical leave as she claimed.

  • May 20, 2025

    3rd Circ. Revives Ex-Prison Officer's Rumor Harassment Suit

    The Third Circuit reversed Tuesday the dismissal of an ex-correctional officer's suit claiming she was tricked into resigning after complaining that her colleagues spread rumors that she slept with superiors, ruling a lower court was wrong to downplay the alleged harassment as mere gossip.

  • 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.

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.