Discrimination

  • July 07, 2025

    CORRECTED: 3 Bias Arguments Sessions To Watch In July

    The Third and Sixth Circuits are scheduled to hear a trio of oral arguments in July as a fired professor, human resources executive and school dean each plan to argue that their terminations violated federal anti-bias law. Here, Law360 looks at those cases. 

  • June 30, 2025

    Tennessee Shutters Civil Rights Agency After 62 Years

    Tennessee has closed its 62-year-old agency tasked with enforcing antidiscrimination laws, nullifying any charges pending before it and transferring its civil rights duties to a newly created division within the state attorney general's office.

  • June 30, 2025

    High Court Turns Away Fired Christian Workers' Vax Bias Case

    The U.S. Supreme Court on Monday declined to review a Third Circuit ruling that shuttered Christian workers' suits claiming a healthcare system illegally fired them for opposing its COVID-19 vaccine mandate, despite the workers' assertions that the opinion improperly constricted their religious rights.

  • June 30, 2025

    Trump Administration Says Harvard Violated Civil Rights Law

    The Trump administration on Monday informed Harvard University that it had run afoul of federal civil rights law by failing to protect Jewish and Israeli students on campus from harassment, and threatened to cut all funding from the nation's oldest university.

  • June 30, 2025

    Justices Undo Patients' Win In Gender-Affirming Care Fight

    The U.S. Supreme Court on Monday struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.

  • June 30, 2025

    Justices Turn Away Fired Teacher's Prehire Speech Case

    The U.S. Supreme Court declined on Monday to review a Massachusetts high school teacher's claim that individuals' speech rights should extend to things they say before being hired to a public job, though Justice Clarence Thomas wrote to express dismay with the First Circuit's approach toward controversial political commentary.

  • June 27, 2025

    Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed

    A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.

  • June 27, 2025

    DOD's Pot Questions Violate 5th Amendment, Contractor Says

    A former defense contractor who was denied security clearance because he refused to say if he had consumed marijuana during a specific time period is suing the U.S. Department of Defense, alleging it violated his constitutional right against self-incrimination.

  • June 27, 2025

    Midyear Report: 4 Noteworthy Workplace Bias Rulings

    The U.S. Supreme Court ruled that courts can't impose extra legal hurdles on majority-group plaintiffs in workplace bias cases, while the Second Circuit embraced a worker-friendly reading of the Americans with Disabilities Act. Here's a look at these and two other decisions from the first six months of 2025 that employment discrimination attorneys should know. 

  • June 27, 2025

    Crypto Co. CEO Sued Over Alleged Sex Assault, Retaliation

    The CEO of blockchain platform Mask Network has been hit with a suit in New Jersey federal court from a former employee at his affiliated payroll company alleging he sexually assaulted her during a work trip, fired her after she raised concerns about millions in unreported cryptocurrency transactions, and withdrew sponsorship of her U.S. green card.

  • June 27, 2025

    Google Fired Worker For Taking Medical Leave, Suit Claims

    A former Google employee said she was discriminated against and fired for taking approved medical leave, according to a lawsuit filed in Washington state court.

  • June 27, 2025

    Sam's Club Lifting Work Caused Miscarriage, Ex-Worker Says

    Sam's Club has been sued in Georgia federal court by a former employee who is alleging she suffered a miscarriage after the retailer failed to accommodate work restrictions related to her attempt to become pregnant through in vitro fertilization by making her do heavy lifting work.

  • June 27, 2025

    Jury Must Decide Telework Feasibility In EEOC Bias Case

    The U.S. Equal Employment Opportunity Commission must take to trial most of its lawsuit alleging a pediatric clinic fired an employee because of her anxiety, a Georgia federal judge ruled Friday, saying jurors should weigh the clinic's evidence suggesting it would've been impractical to let her work remotely.

  • June 27, 2025

    10th Circ. Says Ex-Principal's Bias Suit Needs 2nd Look

    The Tenth Circuit revived Friday part of a Black former principal's race bias suit claiming her contract was not renewed because she complained about facing racism on the job, ruling the lower court needs to reconsider her bias claims after improperly disqualifying a human resources director's testimony.

  • June 27, 2025

    NC Appeals Court Urged To Back Firing Of General Counsel

    North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.

  • June 27, 2025

    7th Circ. Says Union Backed Worker Who Claimed Bias

    The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.

  • June 27, 2025

    EEOC Sues Pearson Over Online Access For Visually Impaired

    Educational publisher Pearson Education Inc. violated federal disability law when it failed to ensure visually impaired workers could access trainings and view benefits through online platforms, the U.S. Equal Employment Opportunity Commission told a New Jersey federal court Friday.

  • June 27, 2025

    Walmart Crime Record Checks Harm Black Workers, Suit Says

    Walmart shirked civil rights law by using criminal background checks that screened out Black workers who wanted to be rehired for roles they previously held after the retail behemoth took over management of an Illinois distribution center, according to a new suit filed in federal court.

  • June 27, 2025

    DC Judge Says Teen Health Projects Can 'Shutter' Temporarily

    Five Planned Parenthood affiliates will not be irreparably harmed by changes to federal guidance for teen health programs instructing grantees to demonstrate alignment with executive orders from the Trump administration rejecting transgender identity and diversity programs, a D.C. federal judge has ruled.

  • June 27, 2025

    Conn. Firm Wins Bias Suit Appeal By Fired Legal Assistant

    Connecticut law firm Whitman Breed Abbott & Morgan LLC on Friday prevailed in an appeal brought by a former legal assistant who claimed she was wrongly fired for seeking to work entirely from home during the COVID-19 pandemic, with a three-judge panel holding that her proposed accommodation was not reasonable.

  • June 27, 2025

    Omni Worker Demoted After Seeking Sabbath Off, EEOC Says

    Omni Hotels abruptly revoked a Chicago-based bellhop's ability to take Sundays off to observe the Sabbath and demoted him to part-time work, both in violation of federal civil rights law, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • June 27, 2025

    Calif. Forecast: Staffing Co. Wants Discrimination Case Axed

    In the coming week, attorneys should keep an eye out for arguments in a staffing company's renewed attempt to toss a disability discrimination case. Here's a look at that case and other labor and employment matters coming up in California.

  • June 27, 2025

    Insulation Co.'s Owner Sexually Harassed Worker, EEOC Says

    An insulation company's owner sexually harassed an office manager for years by showing her naked pictures of women, spreading rumors about her sex life and touching her inappropriately, according to a suit filed by the U.S. Equal Employment Opportunity Commission.

  • June 26, 2025

    Nurse Wins $27M In Retaliation Case Against Dignity Health

    A former chief nursing officer who sued the West Coast hospital system Dignity Health alleging she was illegally terminated for raising serious safety concerns was awarded $27.5 million from a Los Angeles jury, her attorneys announced Thursday. 

  • June 26, 2025

    Ex-Steel Co. Worker Who Won $3 Can't Get New Age-Bias Trial

    A Michigan federal judge on Thursday denied a new trial to a fired steel company human resources director who won $3 on age discrimination claims, saying there is a reasonable interpretation of the jury's decision.

Expert Analysis

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Old Employment Law Principles Can Answer New AI Concerns

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    Despite growing legal and regulatory concerns about how artificial intelligence tools may affect employment decisions and worker rights, companies should take comfort in knowing that familiar principles of employment law and established compliance regimes can still largely address these new twists on old questions, say attorneys at Foley & Lardner.

  • NYC Wage Info Bill Highlights Rise In Pay Transparency Laws

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    With New York City the latest to mull requiring companies to annually report employee wage data, national employers should consider adapting their compliance practices to comply with increasingly common pay transparency and disclosure obligations at state and local levels, says Kelly Cardin at Littler Mendelson.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • US Labor And Employment Law Holds Some Harsh Trade-Offs

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    U.S. labor and employment laws have evolved into a product of exposure-capping compromise, which merits discussion in a presidential election year when the dialogue has focused on purported protections of middle-class workers, says Reuben Guttman at Guttman Buschner.

  • Water Cooler Talk: Immigration Insights From 'The Proposal'

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    Tracey Diamond and Evan Gibbs at Troutman Pepper chat with their colleague Robert Lee about how immigration challenges highlighted in the romantic comedy "The Proposal" — beyond a few farcical plot contrivances — relate to real-world visa processes and employer compliance.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

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    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

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    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • Eye On Compliance: NY's New Freelance Protection Law

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    New York's Freelance Isn't Free Act is set to take effect later this month, meaning employers must be proactive in ensuring compliance and take steps to mitigate risks, such as updating documentation and specifying correct worker classification, says Jonathan Meer at Wilson Elser.

  • 3 Notes For Arbitration Agreements After Calif. Ruling

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    After last month's California Supreme Court decision in Ramirez v. Charter Communications invalidated several arbitration clauses in the company's employee contracts as unconscionable, companies should ensure their own arbitration agreements steer clear of three major pitfalls identified by the court, say attorneys at Cooley.

  • Eye On Compliance: New Pregnancy And Nursing Protections

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    With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.