Discrimination

  • December 12, 2025

    4th Circ. Won't Revive Black Worker's Promotion Bias Suit

    The Fourth Circuit backed a community college's win Friday in a Black former employee's suit claiming her race and gender caused her to lose out on a promotion, ruling she failed to rebut the college's explanation that the white, male candidate who got the role was more qualified.

  • December 12, 2025

    Ex-NJ Municipal Court Admin Says COVID Got Her Fired

    The former municipal court administrator for West Windsor Township, New Jersey, has alleged that the town failed to accommodate her disability when it fired her instead of giving her a short medical leave of absence after she contracted COVID-19.

  • December 12, 2025

    2nd Circ. Probes ConEd's Sudden Firing Of Atty Alleging Bias

    The Second Circuit raised questions during a hearing about Con Edison's decision to terminate a longtime company lawyer shortly after she complained her boss was targeting her because she's an older woman, hinting some support for the attorney's fight to have her discrimination suit reinstated.

  • December 12, 2025

    2nd Circ. Remands $100K Award To Fired Atty In Bias Case

    A Second Circuit panel vacated a $100,000 charging lien awarded to an attorney who represented a man who sued Marriott International Inc. for race-based harassment, agreeing that the lawyer was fired without cause but finding that the lower court appeared not to address several arguments in favor of a lower amount.

  • December 11, 2025

    Job Transfer Enough To Keep Raytheon Age Bias Suit In Court

    A Kentucky federal judge narrowed, but declined to dismiss, a suit from a former Raytheon mechanic who claimed he was moved to a different division after his boss said he wanted younger talent, ruling a jury could consider the transfer a demotion.

  • December 11, 2025

    WNBA Player Ends Suit Alleging Pregnancy Prompted Trade

    A WNBA player and the Las Vegas Aces struck a deal to resolve Hamby's suit alleging the team traded her because she became pregnant, according to a filing in federal court Thursday.

  • December 11, 2025

    EEOC Challenges Care Co.'s Bid For Win In Harassment Suit

    The U.S. Equal Employment Opportunity Commission is pushing back on a nursing home and rehabilitation center operator's bid for a pretrial win in a suit alleging it failed to act when a nurse was sexually harassed by her supervisor, saying that several disputed facts require a jury to weigh in.

  • December 11, 2025

    6th Circ. Seems Skeptical Of Ex-Paralegal's Harassment Claim

    The Sixth Circuit on Thursday seemed to lean toward a broad interpretation of a 2022 law that bars mandatory arbitration for sexual harassment cases, but appeared skeptical that a sexual harassment claim by a former Adams & Reese LLP paralegal passed muster.

  • December 11, 2025

    Marriott's $175K Deal Wraps Up EEOC Religious Bias Suit

    A Florida federal judge has approved a $175,000 deal to end a U.S. Equal Employment Opportunity Commission suit claiming hotel giant Marriott unlawfully required a Seventh-day Adventist employee to work on her Sabbath, the agency said Thursday.

  • December 11, 2025

    High Court Arb. Jurisdiction Case May Impact W&H Cases

    The U.S. Supreme Court's decision to take up a case about federal jurisdiction over the final say on arbitration awards is a technical battleground that may reaffirm state court power over such agreements, including those involving wage and hour claims, experts say.

  • December 11, 2025

    March Trial Date Set For Former NJ Judge's Pension Fight

    A trial date has been set in a former New Jersey Superior Court judge's challenge to the denial of her disability pension application, according to a Wednesday text order.

  • December 11, 2025

    Firing After Kirk Post Violated Free Speech, Tenn. Worker Says

    A Tennessee state insurance agency violated a worker's First Amendment free speech rights when it fired her for posting on Facebook that assassinated conservative commentator Charlie Kirk was a "white supremacist," she told a federal court.

  • December 10, 2025

    Starbucks DEI Goals Are 'Race-Based Quotas,' Fla. AG Claims

    Florida Attorney General James Uthmeier is accusing coffee giant Starbucks Corp. of violating state civil rights protections in its efforts to promote an inclusive workforce, claiming in a state lawsuit Wednesday that the company's diversity, equity and inclusion policies "cross the line into illegal, race-based quotas."

  • December 10, 2025

    Disciplined Attys Want High Court's Take On Judge Criticism

    A father-daughter team of attorneys have brought a petition to the U.S. Supreme Court challenging their suspensions for criticizing a Florida state judge who reversed a $2.75 million jury verdict in favor of their client in a racial discrimination lawsuit, saying their comments are protected by the First Amendment. 

  • December 10, 2025

    Courts Let Military Ban Trans, HIV-Positive Troops For Now

    Two federal appellate courts have cleared the federal government to enforce a pair of controversial policies restricting transgender and HIV-positive people from serving in the military, with each lifting trial court blockades on the rules while litigation challenging them plays out.

  • December 10, 2025

    Minneapolis Schools' Teacher Layoff Policy Biased, DOJ Says

    The U.S. Department of Justice told a Minnesota federal court that Minneapolis Public Schools has union-negotiated rules that give employees from underrepresented backgrounds an illegal leg up when decisions about layoffs are made.

  • December 10, 2025

    Boeing Unit Beats Race Bias Suit Over Performance Review

    An Asian ex-employee of a Boeing subsidiary failed to show race bias was to blame for a performance review she thought was unfairly low, a Maryland federal judge said in a Wednesday order tossing her case.

  • December 10, 2025

    4th Circ. Icy To Reviving Retired Miners' Health Coverage Fight

    The Fourth Circuit seemed disinclined Wednesday to reopen a dispute over lifetime retirement health and life insurance benefits from a proposed class of retired coal miners, as two judges knocked the coal company's attempt to pick apart the results of a seven-day bench trial that broadly favored them.

  • December 10, 2025

    Stone Hilton Says Paxton Deputies Can't Duck Subpoenas

    Stone Hilton PLLC attorneys facing a sexual harassment suit from a former employee defended their move to subpoena two high-ranking members of the Texas Office of the Attorney General this week, saying their "hands are tied" by the ex-staffer's use of an email related to the purported misconduct.

  • December 10, 2025

    11th Circ. Backs UPS' Win In Fired Driver's Retaliation Suit

    The Eleventh Circuit affirmed a jury win for UPS in a Black delivery driver's suit alleging he was fired for complaining that his boss over scrutinized him out of racial bias, ruling the lower court's move to exclude testimony from the driver's colleague didn't affect the trial's outcome.

  • December 10, 2025

    NY Clinic Settles Retaliation Suit With Doctor

    A physician has agreed to settle his suit accusing a medical clinic of withholding his bonus and then firing him for complaining about unsanitary conditions in an autopsy suite, a New York federal judge said, discontinuing the case.

  • December 09, 2025

    Starbucks Strikes Deal To End Fired Trans Barista's Bias Suit

    A New York federal judge closed a gender bias and retaliation suit Tuesday from a transgender former Starbucks barista, after the company agreed to settle his claims that he was fired because he complained that his colleagues frequently misgendered him and mocked his gender identity.

  • December 09, 2025

    4th Circ. Probes Limit Of HIV-Positive Military Hopefuls' Suit

    A federal appellate judge on Tuesday repeatedly pressed an attorney representing people who were denied admission to the U.S. military due to an HIV diagnosis, asking him to explain why his argument wouldn't force the U.S. Department of Defense to accept anyone with a medically controlled, chronic condition.

  • December 09, 2025

    Judge Appears Unmoved By Ex-Drexel Officer's Bias Claims

    A Pennsylvania federal judge on Tuesday seemed skeptical of a former Drexel University administrator's claims that the tense workplace exchanges she experienced were spurred by racial and gender animus, appearing unconvinced that they were more than office disagreements.

  • December 09, 2025

    DOJ Scrubs Disparate Impact From Enforcement Regulations

    The U.S. Department of Justice said Tuesday it would change regulations barring discrimination for programs that get federal money to do away with disparate impact — a legal theory that says neutral policies can still be discriminatory if they disproportionately impact protected groups of people.

Expert Analysis

  • Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny

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    Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

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    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts

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    Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.

  • Disparate Impact Theory Lives On Despite Trump Order

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    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • 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.