Discrimination

  • May 07, 2025

    BNSF Fired Conductor For Seeking Injury Payment, Suit Says

    BNSF Railway Co. has been hit with an employment retaliation suit in Washington federal court by a former conductor who claims he was wrongfully fired based on an unsubstantiated rule violation after he sought compensation for a brake rigging accident that severely injured his hand.

  • May 07, 2025

    Illinois Seeks Exit From Suit Over Demographic Data Law

    Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.

  • May 07, 2025

    NY Legal Aid Union Accused Of Antisemitism At NLRB, EEOC

    A United Auto Workers affiliate representing attorneys at a New York legal services organization violated federal laws when the union thwarted antisemitism measures in the workplace, a nonprofit alleged Wednesday in announcing charges it filed at the National Labor Relations Board and U.S. Equal Employment Opportunity Commission.

  • May 07, 2025

    9th Circ. Axes Fired University Worker's 1st Amendment Fight

    The Ninth Circuit on Wednesday refused to revive a lawsuit claiming two former University of Arizona officials fired a health sciences employee because of his husband's criticisms of a hiring process, saying the administrators are immune from the worker's free speech claim.

  • May 07, 2025

    Similar Federal Suit Found To Bar A&M Texarkana Bias Case

    A state appeals court has said Texas A&M University-Texarkana could escape an employment discrimination lawsuit brought by a former employee, ruling that his claims are barred by a nearly identical suit he previously filed in federal court.

  • May 07, 2025

    6th Circ. Weighs Muldrow's Impact On Prof.'s Trans Bias Suit

    The Sixth Circuit wrestled Wednesday with whether the U.S. Supreme Court's landmark Muldrow decision warrants giving a transgender Kent State University professor a second chance at lawsuit alleging a promised promotion was revoked because of their gender identity.

  • May 07, 2025

    Veterinary Pathologist's Pay Bias Suit Teed Up For Trial

    A New Jersey federal judge said a jury needs to probe a veterinary pathologist's claims that an animal health company unlawfully paid her less than two male co-workers, ruling there isn't enough proof to definitely say whether they performed equal work.

  • May 07, 2025

    2nd Circ. Backs NYC Win In IT Worker's Bias, Retaliation Suit

    A former New York City telecommunications employee cannot revive her lawsuit alleging she was pushed out after managers scheduled meetings during her lunch because she reported a supervisor's inappropriate touching, the Second Circuit ruled Wednesday, saying there's no evidence the managers knew her migraines necessitated a specific lunch break.

  • May 07, 2025

    6th Circ. Seems Hesitant To Revive UMich Law Prof's Bias Suit

    The Sixth Circuit appeared skeptical Wednesday about reopening a Black University of Michigan Law School professor's suit alleging she was unlawfully disciplined after she complained about race discrimination, with the panel questioning if she adequately refuted the school's nondiscriminatory reasons for its action.

  • May 07, 2025

    Facility Support Co. Settles Fired Worker's Race Bias Suit

    A maintenance and facility support company has agreed to settle a Black former worker's suit claiming she was pushed out of her supervisory role to make space for a white employee, according to a Wednesday filing in Georgia federal court.

  • May 07, 2025

    Home Retailer Agrees To End EEOC Disability Bias Probe

    A manufactured homes dealer in Oregon agreed to update its antidiscrimination policies to resolve a U.S. Equal Employment Opportunity Commission investigation into claims that it fired an employee for requesting a schedule change because of her disability.

  • May 07, 2025

    Mental Health Group Failed To Rein In Harasser, EEOC Says

    A mental health organization stood by while a male supervisor harassed female co-workers with unwanted hugs and sexual comments, costing one worker her job after his behavior triggered her mental health disorders, the U.S. Equal Employment Opportunity Commission told a North Carolina federal court.

  • May 07, 2025

    Trump Taps Assistant US Atty To Join EEOC

    President Donald Trump has nominated an assistant U.S. attorney in Florida to fill one of the three open seats on the U.S. Equal Employment Opportunity Commission.

  • May 06, 2025

    Potential For DEI-Related Suits Vexes Employers, Report Says

    Businesses are increasingly worried about facing litigation centering on their diversity, equity and inclusion initiatives amid the Trump administration's vocal opposition to DEI, but employers aren't in a rush to overhaul workplace diversity programs, according to a new report issued by Littler Mendelson PC.

  • May 06, 2025

    Indian IT Co. Can't Nix White Ex-Worker's American Bias Suit

    A New Jersey federal judge declined to toss a white American worker's bias suit claiming he was laid off from an information technology company that favored Indian and South Asian workers, ruling the business can't dodge the complaint even if it mirrors allegations brought by another employee.

  • May 06, 2025

    Marriott Accused Of Revoking Sabbath Accommodation In Fla.

    The U.S. Equal Employment Opportunity Commission is suing Marriott for alleged religious discrimination in Florida federal court, alleging an employee was forced to resign after her managers rescinded her Sabbath accommodation and required her to work on Saturdays.

  • May 06, 2025

    10th Circ. Backs Army In Explosives Supervisor's Bias Suit

    The Tenth Circuit declined Tuesday to revive an age and gender bias suit from a U.S. Army explosives supervisor who said she was unlawfully denied a promotion, ruling she failed to overcome the Army's argument that a poor interview stopped her from moving up.

  • May 06, 2025

    11th Circ. Seems Open To Reviving Coal Workers' Bias Suit

    The Eleventh Circuit on Tuesday appeared inclined to reinstate a race discrimination suit brought against a coal company by two Black former employees, with one judge saying the case could present two narratives for jurors to sort out.

  • May 06, 2025

    Technician's Bias Suit Against Union, Studios Tossed For Now

    A New York federal judge Tuesday tossed an electrical technician's suit accusing an entertainment industry union local of employing admissions and job referral practices that discriminate against Black and Latino applicants seeking work at major production studios.

  • May 06, 2025

    Jay-Z Claims Atty Buzbee's Conspiracy Extends To NY Lawyer

    Shawn "Jay-Z" Carter expanded his malicious prosecution claims against attorney Tony Buzbee over a rape suit that has since been dropped to also target a New York personal injury lawyer over what the music mogul alleged was a conspiracy to coerce him into paying off their client.

  • May 06, 2025

    McCarter & English Pushes To End Ex-Atty's Firing Suit

    McCarter & English LLP has urged a New Jersey state court to toss an anti-veteran discrimination suit from a former firm attorney and Navy SEAL this week, arguing the lawyer is unsuccessfully trying to pivot off failed claims from his original complaint in later filings.

  • May 06, 2025

    Approach The Bench: Judge Robinson On Workplace Conduct

    A long-awaited survey of judiciary employees revealed misconduct is rare within the federal judiciary, but U.S. District Judge Julie Robinson says there's still plenty of work to be done.

  • May 06, 2025

    Costco Can't Bar Harassment Probe Talk, NLRB Judge Says

    Costco unlawfully maintained overly broad rules in an investigations form and barred a North Carolina worker from talking about the outcome of her internal sexual harassment complaint, a National Labor Relations Board judge ruled, finding a clause allowing employment terms discussions did not shield the company from violating federal labor law.

  • May 06, 2025

    High Court Lets Transgender Troop Ban Take Effect

    The U.S. Supreme Court on Tuesday lifted a Washington federal judge's nationwide order barring implementation of the Pentagon's ban on transgender military service, allowing the controversial policy to take effect while its constitutionality is challenged.

  • May 06, 2025

    Disparate Impact Shift May Prevent EEOC Action On AI Bias

    The Trump administration's directive that federal agencies stop recognizing disparate impact discrimination will likely stymie potential U.S. Equal Employment Opportunity Commission enforcement aimed at bias related to artificial intelligence, pushing states and private plaintiffs to the forefront of regulating workplace AI, experts say.

Expert Analysis

  • 5 Surprises In New Pregnancy Law's Proposed Regulations

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    Attorneys at Baker McKenzie examine five significant ways that recently proposed regulations for implementing the Pregnant Workers Fairness Act could catch U.S. employers off guard by changing how pregnant workers and those with related medical conditions must be accommodated.

  • How Employers Can Take A Measured Approach To DEI

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    While corporate diversity, equity and inclusion programs are facing intense scrutiny, companies need not abandon efforts altogether — rather, now is the time to develop an action plan that can help ensure policies are legally compliant while still advancing DEI goals, say Erin Connell and Alexandria Elliott at Orrick.

  • Courts Should Revisit Availability Of Age Bias Law Damages

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    Federal courts have held that compensatory damages, including for emotional distress, are unavailable in Age Discrimination in Employment Act cases, but it's time for a revamped textualist approach to ensure plaintiffs can receive the critical make-whole remedies Congress intended the law to provide, say attorneys at Sanford Heisler.

  • Employers Should Take Note Of EEOC Focus On Conciliation

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    The U.S. Equal Employment Opportunity Commission's recent strategic plan signals that the agency could take a more aggressive approach when verifying employer compliance with conciliation agreements related to discrimination charges, and serves as a reminder that certain employer best practices can help to avoid negative consequences, says Jacqueline Hayduk at Foley & Lardner.

  • 7th Circ. Ruling May Steer ADA Toward Commuter Issues

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    Employers faced with commuting-accommodation requests from employees who do not require on-site modifications under the Americans with Disabilities Act should consider the Seventh Circuit's recent reopening of a lawsuit alleging unlawful refusal of a night-vision-challenged worker's request to extend a shift change, says Robin Shea at Constangy.

  • How Calif. Ruling Extends Worker Bias Liability To 3rd Parties

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    The California Supreme Court's recent significant decision in Raines v. U.S. Healthworks Medical Group means businesses that provide employment-related services to California employers can potentially be held liable for California’s Fair Employment and Housing Act violations, says Ryan Larocca at CDF Labor.

  • Anticipating The Impact Of 2 Impending New Title IX Rules

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    Two major amendments to Title IX — which the U.S. Department of Education is expected to finalize next month — would substantially alter the process schools must use for sexual discrimination complaints and limiting student participation in athletics based on gender identity, says Rebecca Sha at Phelps Dunbar.

  • Despite Regulation Lag, AI Whistleblowers Have Protections

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    Potential whistleblowers at companies failing to comply with the voluntary artificial intelligence commitments must look to a patchwork of state and federal laws for protection and incentives, but deserve comprehensive regulation in this field, say Alexis Ronickher and Matthew LaGarde at Katz Banks.

  • FCRA Legislation To Watch For The Remainder Of 2023

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    If enacted, pending federal and state legislation may result in significant changes for the Fair Credit Reporting Act landscape and thus require regulated entities and practitioners to pivot their compliance strategies, say attorneys at Troutman Pepper.

  • A Closer Look At Another HBCU Race Bias Suit Against NCAA

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    The National Collegiate Athletic Association's Academic Performance Program has become a lightning rod for scrutiny, as seen in the recently filed class action McKinney v. NCAA — where statistics in the complaint raise questions about the program's potential discriminatory impact on student-athletes at historically Black colleges and universities, say attorneys at Troutman Pepper.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Where Employers Stand After 5th Circ. Overturns Title VII Test

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    The substantial impact of the recent holding in Hamilton v. Dallas County means employers in the Fifth Circuit can now be liable under Title VII for a whole range of conduct not previously covered — but the court did set limits, and employers can take tangible steps to help protect themselves, say Holly Williamson and Steven DiBeneditto at Hunton.

  • Gauging The Scope Of NYC's New AI Employment Law

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    Although employers have received some guidance on the requirements of New York City's new restriction on the use of automated employment decision tools, there are many open questions to grapple with as Local Law 144 attempts to regulate new and evolving technology, say attorneys at Gibson Dunn.