Discrimination

  • 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.

  • July 08, 2025

    HHS Can't Dodge Suit Over Nixed LGBTQ Bias Protections

    A New York federal judge declined Tuesday to toss a transgender woman's suit challenging President Donald Trump's decision to roll back anti-discrimination regulations for LGBTQ patients during his first term, rejecting arguments from the government that the case is moot given that a Biden-era rule restored the protections.

  • July 08, 2025

    3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit

    The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.

  • July 08, 2025

    Calif. Agency Rolls Out Guidance For Violence Survivor Leave

    The California Civil Rights Department rolled out its latest guidance and model notice for employees who are victims of violence or abuse and wish to take time off under a law that went into effect in the state in January.

  • July 08, 2025

    NY Lawyer Wants Jay-Z's Claims In Suit Against Buzbee Tossed

    A New York City lawyer wants a court to dismiss allegations that she took part in a conspiracy with prominent attorney Tony Buzbee to extort Shawn "Jay-Z" Carter via a since-dropped rape case, arguing that the hip-hop mogul's claims against her were brought in an improper forum and that he failed to state a claim.

  • July 08, 2025

    Feds Say Trade Group Lacks Standing In Anti-DEI Orders Suit

    A Chicago-based trade group can't show that Trump administration executive orders restricting federal diversity, equity and inclusion programs infringe on its free speech rights, the federal government argued, telling an Illinois federal court it should toss the organization's suit alleging the directives are unconstitutional.

  • July 08, 2025

    Org Says EEOC Can't 'Jam' Class Claims Into Harassment Suit

    A mental health organization urged a North Carolina federal judge to ax classwide claims from a U.S. Equal Employment Opportunity Commission suit claiming a male supervisor harassed female co-workers with unwanted hugs and sexual comments, arguing the case lacks necessary details about the collective allegations.

  • July 08, 2025

    W&H Attorneys' Wish List For The Rest Of 2025

    Updating the Fair Labor Standards Act to reflect the nuances of remote work, reforming arbitration and tackling the issue of salary expectations to further reduce the pay gap are all issues employment lawyers wish policymakers would tackle in the latter half of the year. Here, Law360 explores what kind of changes attorneys would like to see in an ideal world.

  • July 07, 2025

    Morehouse Settles Ex-Prof's Wrongful Termination Suit

    Morehouse College has agreed to settle a former media professor's suit claiming he was fired for supporting a student's discrimination case against the institution alleging they were denied entry into a college program because they were HIV-positive, according to a filing in Georgia federal court Monday.

Expert Analysis

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.