Discrimination

  • August 14, 2025

    Ed. Dept. Effort To Bar School Diversity Programs Blocked

    A Maryland federal judge on Thursday held that the U.S. Department of Education violated the constitution and Administrative Procedure Act when it issued guidance that took aim at school diversity programs, ruling that the "law does not countenance the government's hasty and summary treatment of these significant issues."

  • August 14, 2025

    Lizzo Touring Co. Wants Designer Sanctioned Over Health Info

    Lizzo's touring company urged a California federal judge to sanction a former designer for failing to disclose records of receiving mental health treatment to support her emotional distress claim, arguing Wednesday it was forced to hire its own expert to examine her and prepare a rebuttal without those records. 

  • August 14, 2025

    Ex-Diversity Officer Sues NJ Hospital, Claiming Harassment

    The former diversity and inclusion officer at New Jersey's only public acute-care hospital claimed she endured sexist and racial harassment before she was unlawfully pushed out of her job in violation of the state's Law Against Discrimination, according to a lawsuit filed in state court.

  • August 14, 2025

    Trans Teacher's Battle Over Restrictive Fla. Law Put On Ice

    A Florida federal judge ruled Wednesday that a state law regulating workplace pronouns violates Title VII of the Civil Rights Act but paused a lawsuit by a transgender public school teacher while the Eleventh Circuit considers another suit brought by a transgender sheriff's deputy in Georgia.

  • August 14, 2025

    DC Judge Halts Some USDA Climate Grant Terminations

    A D.C. federal judge on Thursday halted the U.S. Department of Agriculture's termination of certain climate-focused grants awarded to five nonprofits, saying the terminations were likely arbitrary and capricious but stopping short of blocking the administration's broader grant termination policy.

  • August 14, 2025

    Bid To Block Alabama's Anti-DEI Law Rejected

    An Alabama federal judge has rejected a bid to block a state law banning certain diversity, equity and inclusion-related activities at state schools and college campuses, finding the Alabama NAACP and the students and professors who filed suit didn't show that the law is unconstitutionally vague.

  • August 14, 2025

    Fired Nurse Accused Of Stealing Drugs Can't Revive Bias Suit

    The Seventh Circuit declined Thursday to reinstate a fired Salvadoran nurse's suit claiming she was accused of stealing and using opioids at work out of bias for her nationality, stating she failed to put forward evidence that her national origin drove concerns rather than her sluggish behavior.

  • August 14, 2025

    Muldrow Buoys Social Security Worker's Bias Suit At 4th Circ.

    The Fourth Circuit revived a Social Security Administration worker's disability bias suit claiming she was moved to a less desirable role after asking to telework, ruling Thursday that change was enough to keep the case alive under the U.S. Supreme Court's 2024 Muldrow decision.

  • August 14, 2025

    Ga. Court Secretary's Pregnancy Bias Suit Gets Dismissed

    A Georgia federal judge has dismissed a former secretary's pregnancy discrimination suit against a county and the chief judge of its juvenile court, adopting a magistrate judge's recommendation that found the secretary didn't prove that her pregnancy led to her being fired.

  • August 14, 2025

    NJ Gov. Wants Focus On Immunity In Ex-Elections Chief's Suit

    New Jersey Gov. Phil Murphy is urging a Garden State trial court judge to split up discovery in a lawsuit claiming he conspired with top staffers to oust the state's former elections chief, arguing the court first needs to focus on his qualified immunity defense.

  • August 14, 2025

    ESPN Vaccine Mandate Violated Religious Law, Worker Claims

    A South Carolina-based remote ESPN video operator says the sports network, its corporate parent Walt Disney and their executives fired him for refusing a third COVID-19 vaccine dose, resurrecting "state actor" allegations similar to claims in a separate, since-withdrawn lawsuit by the same attorneys in 2023.

  • August 14, 2025

    2nd Circ. Denies NFL Arbitration In Flores Case

    Fired Miami Dolphins coach Brian Flores won efforts to keep his racial discrimination claims against the NFL in federal court, with the Second Circuit finding Thursday that the league cannot force him into arbitration because the organization has unilateral control over the process.

  • August 14, 2025

    Late Filing Fee Kills Ex-MSU Worker's Bias Suit, 6th Circ. Says

    The Sixth Circuit backed the dismissal of an Asian research worker's race and age bias suit claiming Michigan State University handed his job to a younger white employee, saying he neglected to pay a court filing fee on time.

  • August 13, 2025

    Food Hall's New Owner Can't Ditch EEOC Suit, Va. Judge Says

    A Virginia federal judge has sided with the U.S. Equal Employment Opportunity Commission in finding that the new owner of a food hall located in a suburb outside of Washington, D.C., has successor liability in a former employee's discrimination suit alleging a manager used racial slurs.

  • August 13, 2025

    Raytheon Settles Demotion Suit Over Disability Leave

    Raytheon Technologies Corp. and a former employee reached a settlement Wednesday in a suit where the worker said he was demoted for taking time off to treat his recurring migraines and for speaking up about the mistreatment of his team members, according to a notice filed by the defense contractor in Colorado federal court.

  • August 13, 2025

    8th Circ. Revives Ark. Ban On Youth Gender-Affirming Care

    A split Eighth Circuit en banc panel revived an Arkansas state law banning gender-affirming care for minors, finding that a district court erred in blocking the law because it does not discriminate based on sex but instead classifies based only on age and medical procedure.

  • August 13, 2025

    Calif. Justices Expand Arbitration Fee Leniency In Wage Suits

    The California Supreme Court's upholding of punishment for the late payment of arbitration fees in wage and hour litigation, while the justices also established a new pathway for employer relief, seems like a compromise to avoid U.S. Supreme Court scrutiny, attorneys in the state said.

  • August 13, 2025

    Buffalo Wild Wings, EEOC Settle Suit Over Religious Applicant

    Buffalo Wild Wings has agreed to pay $47,500 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it turned away a woman seeking a server position because she wore long skirts due to her faith, according to settlement documents filed Wednesday in Georgia federal court.

  • August 13, 2025

    Staffing Co. Ends EEOC Religious Bias Suit Over Prayer Time

    A staffing company has inked a $217,500 deal to end a U.S. Equal Employment Opportunity Commission suit claiming it refused a Muslim job-seeker work because he requested a longer lunch break on Fridays to pray, according to the proposed consent decree filed in Washington federal court.

  • August 13, 2025

    8th Circ. Revives Ex-Firefighter's Suit Over Anti-Abortion Post

    A Christian firefighter in Arkansas who was fired after he posted an anti-abortion image on Facebook can ask jurors to consider whether he was unconstitutionally punished for his speech, the Eighth Circuit ruled Wednesday, wiping out his former employer's trial court win.

  • August 13, 2025

    Ex-Denver Nuggets Mascot Claims Disability Bias In Firing Suit

    The former mascot for the NBA's Denver Nuggets in a proposed class action filed in Colorado state court Tuesday against Kroenke Sports and Entertainment LLC claims his firing violated state discrimination laws.

  • August 13, 2025

    Pa. Judge Ends Employers' Expanded Birth Control Exemptions

    A Pennsylvania federal judge on Wednesday struck down rules set by the first Trump administration enabling employers to refuse coverage of employees' contraceptives on moral and religious grounds, holding that the government failed to provide a good reason for the broadening of exemptions.

  • August 13, 2025

    Ex-NJ Judge Seeks To Shield 'Inflammatory' Info In Firing Suit

    A former New Jersey workers' compensation judge doubled down Wednesday on a bid to quash state subpoenas in her suit over her removal from the bench, seeking a protective order to limit discovery in her lawsuit against Gov. Phil Murphy and several top officials in the state's Department of Labor and Workforce Development.

  • August 13, 2025

    Mercyhealth Inks $1M Deal To End EEOC Vaccine Bias Probe

    Midwest healthcare system Mercyhealth said Wednesday it has agreed to pay over $1 million to quell a U.S. Equal Employment Opportunity Commission investigation into claims that it discriminated against workers' religious beliefs by firing them for refusing the COVID-19 vaccine.

  • August 13, 2025

    Atty Leaves Montana Firm For Tucker Arensberg In Pittsburgh

    A move across the country to new surroundings at Tucker Arensberg PC's Pittsburgh office has given a seasoned attorney the opportunity to expand the scope of his litigation practice into new areas.

Expert Analysis

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Compliance Tips After Court Axes EEOC's Trans Rights Take

    Author Photo

    A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.