Discrimination

  • August 19, 2025

    Union Pacific Can't Avoid $27M Disability Bias Verdict

    A former Union Pacific railroad worker who said he was pushed out over a shoulder injury can keep his $27 million jury award, an Oregon federal judge ruled, attributing the bulk of the recovery to a state law claim that wasn't limited by federal damages caps.

  • August 19, 2025

    Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court

    The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.

  • August 18, 2025

    9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants

    A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.

  • August 18, 2025

    Texas Judge Stays PWFA Suit After 5th Circ. Decision

    A Texas federal judge on Monday stayed a challenge to the Pregnant Workers Fairness Act after the Fifth Circuit ruled in a separate case that the U.S. Equal Employment Opportunity Commission could enforce the law.

  • August 18, 2025

    Colo. AG Blasts FCC's T-Mobile, Skydance Approvals

    Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.

  • August 18, 2025

    Age Act Doesn't Cover UC Residency Bid, 9th Circ. Affirms

    The Ninth Circuit on Monday affirmed a district court's decision to grant summary judgment to the Regents of the University of California in an age discrimination suit brought by a medical residency applicant, holding that selecting medical residents is an employment practice not covered by the Age Discrimination Act.

  • August 18, 2025

    EEOC Scores Win, But Low Damages, On Retaliation Claims

    An Arkansas federal jury sided with the U.S. Equal Employment Opportunity Commission on claims that a metal stamping company fired three workers for complaining about sexual harassment, but handed out modest recoveries, with two of the workers walking away with only $2 each.

  • August 18, 2025

    EEOC Sets High Bar For Employers' Accommodation Duties

    A top U.S. Equal Employment Opportunity Commission official recently chided three federal agencies for not being more flexible with religious and postpartum workers seeking job adjustments, a move experts say demonstrates the hard line the EEOC is adopting on employers' accommodation obligations which courts will likely echo.

  • August 18, 2025

    NHL's Chicago Blackhawks Sued Over Gay PR Manager's Firing

    A public relations manager has sued the NHL's Chicago Blackhawks for discrimination in Illinois federal court, saying he was fired for complaining about criticism he received from his department for doing an interview with a LBGTQ+ media outlet about his experience as a gay man in sports.

  • August 18, 2025

    EEOC Nabs $1M Deal In Suit Alleging Bar Chain Spurned Men

    A sports bar chain told a North Carolina federal judge Monday that it has agreed to pay $1.1 million to end a U.S. Equal Employment Opportunity Commission lawsuit claiming the company refused to hire men for front-facing staff positions.

  • August 18, 2025

    Goldberg Segalla Adds Employment, Insurance Attys In NYC

    Goldberg Segalla LLP announced Monday that it has grown its employment and insurance services in New York with the recent addition of two attorneys who moved their practices from Gordon Rees Scully Mansukhani LLP and Clyde & Co. LLP.

  • August 18, 2025

    NJ Seeks To Toss Ex-Judge's 'Second Bite' In Firing Suit

    New Jersey on Friday asked a state court to award it a victory over some of the claims in a former workers' compensation judge that she was unconstitutionally removed from her job after similar claims in a separate suit of hers were rejected in December.

  • August 18, 2025

    Ohio Healthcare Facility Settles EEOC Race Bias Probe

    A healthcare facility in Ohio will pay $5,000 after a U.S. Equal Employment Opportunity Commission investigation found reasonable cause to believe it violated federal law by firing an employee because of her race, the agency said.

  • August 18, 2025

    Transportation Agency Ducks DOJ's Disability Hiring Bias Suit

    A federal judge threw out a disability bias suit from the U.S. Department of Justice claiming Alabama's transportation agency wouldn't hire an applicant because of a former shoulder injury, ruling the case fell flat because the government failed to show he was actually disabled.

  • August 18, 2025

    Accountant Says Property Co. Fired Her During FMLA Leave

    A property management company terminated an accountant three days before she was scheduled to return to work following gallbladder surgery, telling her the job was being outsourced when in reality her duties were assigned to other employees, she said in a suit filed in Ohio federal court.

  • August 15, 2025

    DOJ Backs Small Biz In Gender Dysphoria Coverage Dispute

    The U.S. Department of Justice told a New Hampshire federal court Friday that employers are not required under federal anti-discrimination laws to provide medical coverage for gender dysphoria, and that federal religious freedom law protects a turbomachinery company from covering a transgender employee's treatment for the disorder.

  • August 15, 2025

    Trump Admin Calls Judge's Inaction An 'Affront' To High Court

    The Trump administration said a Massachusetts federal judge who didn't vacate a decision barring certain staffing cuts at the U.S. Department of Education is showing "disregard" to a recent U.S. Supreme Court ruling, calling it an "affront" to the high court's authority.

  • August 15, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    An Alabama federal judge refused to block a state law that seeks to curtail diversity, equity and inclusion programs in educational settings, and the Trump administration settled two suits that challenged the use of race in admissions decisions at the U.S. Air Force Academy and the U.S. Military Academy at West Point. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • August 15, 2025

    5th Circ. Says PWFA Was Constitutionally Enacted

    The U.S. Equal Employment Opportunity Commission was wrongly blocked from enforcing the Pregnant Workers Fairness Act against the state of Texas, the Fifth Circuit ruled Friday, saying the U.S. Constitution didn't require House lawmakers' physical presence to have a quorum when the statute was approved.

  • August 15, 2025

    White Police Officer Loses Race Bias Suit At 5th Circ.

    A Fifth Circuit panel won't reinstate a white police officer's claim that his race motivated the department's decision not to promote him to captain, holding Friday that the Louisiana State Police put forth a nondiscriminatory reason for promoting a pair of nonwhite candidates.

  • August 15, 2025

    Split DC Circ. Says Federal Union Not Immune From Bias Suit

    A divided D.C. Circuit panel on Friday reinstated a retired federal worker's discrimination lawsuit against a government workers union, with the majority pushing back on arguments that the allegations must be funneled through a special administrative process outside the courtroom. 

  • August 15, 2025

    Ex-US Bank AI Chief Says He Was Pushed Out Over Race

    The former head of U.S. Bank's artificial intelligence efforts has sued the bank, arguing he was subjected to a biased investigation, replaced by less-qualified white employees and had a new job offer rescinded after defamatory statements by bank employees, in retaliation for reporting race and religion discrimination.

  • August 15, 2025

    4th Circ. Sides With Judiciary In Ex-Defender's Sex Bias Suit

    The Fourth Circuit shot down a former assistant public defender's effort to revive her sexual harassment suit against the federal judiciary, finding Friday that her belief that the judiciary's internal complaint process was unfair, leading her to quit, was not reasonable.

  • August 15, 2025

    Calif. Forecast: 9th Circ. Hears Federal Worker Firings Fight

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a case challenging federal layoffs that paid a visit to the U.S. Supreme Court. Here's a look at that case and other labor and employment matters on deck in California.

  • August 15, 2025

    NY Forecast: Class Cert. Args. In Bloomberg Pay Bias Case

    This week, a New York federal magistrate judge will hear arguments over a bid to certify a class of female former employees at Bloomberg LP who claim they were systematically paid less than their male counterparts.

Expert Analysis

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

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    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Protecting Workers Amid High Court-EEOC Trans Rights Rift

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    In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • Age Bias Ruling Holds Harassment Policy Lessons

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    A Kansas federal court's recent decision in Holman v. Textron Aviation, rejecting an employee's assertion that his termination for failing to report harassment was pretextual and due to age bias, provides insight into how courts analyze whether actions are pretextual and offers lessons about enforcing anti-harassment policies, say attorneys at Ogletree.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • How To Balance AI Adoption With Employee Privacy Risks

    Excerpt from Practical Guidance
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    As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • Employer Best Practices For Navigating Worker Separations

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    As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.

  • Employer Tips For Responding To ICE In The Workplace

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    Increased immigration enforcement under President Donald Trump's administration has left employers struggling to balance their compliance obligations with their desire to provide a safe workplace, so creating a thorough response plan and training for U.S. Immigration and Customs Enforcement's presence at the workplace is crucial, say attorneys at Hanson Bridgett.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.