Discrimination

  • April 28, 2025

    Levi's Biased Against Pregnant Exec, Jury Told At Trial's Start

    Counsel for a former Levi Strauss executive suing for sex discrimination told a California federal jury Monday that her manager told the then-pregnant woman she lacked "work capacity" for a promotion, while Levi's lawyer said she merely "grew impatient" climbing the corporate ladder at a company where many mothers are leaders.

  • April 28, 2025

    Wells Fargo Investors Win Class Cert. In 'Sham' Hiring Case

    A California federal judge has certified a class of thousands of Wells Fargo & Co. investors in litigation over the bank's alleged practice of conducting "sham" job interviews to meet diversity targets, a strategy investors say led to stock prices dropping when the truth came to light, according to an order issued Friday.

  • April 28, 2025

    'Withdraw Your Accusation': Attys, Justices Clash In ADA Case

    U.S. Supreme Court arguments over the standard of proof students must meet to pursue Americans with Disabilities Act claims of discrimination in public schooling turned combative Monday when one veteran litigator accused another of lying to the justices, eliciting sharp rebukes from several members of the bench.

  • April 28, 2025

    9th Circ. Backs Vegas Hotel In Ex-Worker's Disability Bias Suit

    The Ninth Circuit on Monday refused to reopen a former bartender's lawsuit alleging a Las Vegas hotel forced her to take leave and eventually fired her for tremors caused by her cancer treatment, saying she hadn't provided enough evidence to back up her claims.

  • April 28, 2025

    Hospital Can't Nix Fired Doctor's Atheism, Gender Bias Suit

    An Iowa federal judge declined Monday to let a hospital escape a doctor's suit claiming she was fired because of gender bias and for being an atheist, stating a jury could credit her claims that the hospital's CEO said "she doesn't fit our culture."

  • April 28, 2025

    5th Circ. Probes Rationale For Demotion In Age Bias Suit

    A Fifth Circuit panel on Monday questioned whether a geologist had sufficiently tied his alleged mistreatment at work to his age, pressing his lawyer about whether the facts of the case showed bias was behind a financially devastating demotion.

  • April 28, 2025

    Mich. Judge Can't Force EEOC To Litigate Trans Bias Suit

    A Michigan federal judge on Monday said the U.S. Equal Employment Opportunity Commission seemed to be abandoning its case on behalf of a group "its mission seeks to protect" by dropping a transgender discrimination suit, but ultimately allowed the organization to dismiss its claims.

  • April 28, 2025

    Red States Want ACA Trans Health Rule Permanently Off Books

    A group of 15 red states that successfully got a Biden-era rule frozen that protected gender-affirming care under the Affordable Care Act have urged a Mississippi federal judge to rule the U.S. Department of Health and Human Services overstepped its authority and cannot require states to allow gender-affirming care for transgender people.

  • April 28, 2025

    BCBS Ends Bid To Scrap $13M Vaccine Bias Suit Verdict

    Blue Cross Blue Shield of Michigan told a federal court Monday it agreed to end its fight to nix a jury's nearly $13 million award to a former employee who claimed she was fired for requesting a religious exemption from the company's COVID-19 vaccine policy.

  • April 28, 2025

    Ex-Womble Bond Atty Alleges Race And Gender Bias

    A former corporate and securities partner for Womble Bond Dickinson's Houston office has sued the firm in Texas state court alleging she faced discrimination due to her identity as a Hispanic woman and that, after she reported issues to human resources, she was retaliated against and eventually felt forced to resign.

  • April 28, 2025

    Saltz Mongeluzzi Hit With 2nd Suit On Heels Of Wage Suit Win

    Days after a civil suit claiming Saltz Mongeluzzi & Bendesky PC violated fair labor standards ended with a jury verdict in favor of the firm, a former paralegal filed a complaint in Philadelphia federal court alleging she was subjected to harassment and discriminating comments up until her resignation.

  • April 28, 2025

    AT&T Cites EO On Disparate Impact In EEOC Obesity Bias Suit

    AT&T urged a Louisiana federal judge to toss a U.S. Equal Employment Opportunity Commission suit claiming it discriminated against obese workers through a weight-limit safety policy, pointing to a recent presidential executive order doing away with the disparate impact legal theory underpinning the case.

  • April 28, 2025

    'Give Me A Break': Judge Questions DOJ On Jenner Order

    The Department of Justice on Monday argued for the dismissal of Jenner & Block LLP's lawsuit against the federal government over an executive order targeting the law firm for its selection of clients, with the judge on the case commenting "Give me a break" at one point during the DOJ's turn to speak.

  • April 28, 2025

    Tech Exec Says Littler's 'Unlawful' Advice Led To Suspension

    Littler Mendelson PC shouldn't be allowed to escape a tech executive's lawsuit claiming that she was suspended and ultimately fired for complaining about her boss' sexist comments, the employee told a New York federal court, arguing that the firm's advice directly led to her employer's retaliation.

  • April 28, 2025

    Trucking Co. Settles Firing Suit Over Scantily Clad Co-Worker

    A trucking company agreed to settle a former driver's suit in North Carolina federal court claiming she was fired for filing a sexual harassment complaint against a co-worker whom she saw in a truck yard wearing only his underwear and penny loafers.

  • April 25, 2025

    9th Circ. Revives Fired Clorox Worker's Gender Bias Claim

    A Ninth Circuit panel on Friday revived a gender discrimination claim brought by a former employee of The Clorox Co. in Washington who alleged he was wrongfully fired during a reorganization, but the panel ruled against the worker on his race and age discrimination claims.

  • April 25, 2025

    19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat

    Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.

  • April 25, 2025

    Boston Consulting Group Hit With Pregnancy Bias Suit In Ga.

    The Boston Consulting Group was hit with a pregnancy discrimination lawsuit Friday from a former payroll worker who alleges her boss told her she "conned" the company by taking parental leave early on in her tenure, only to fire her after she complained about the workplace mistreatment.

  • April 25, 2025

    Harvard Can't Escape Ousted Ice Hockey Coach's Bias Suit

    A Massachusetts federal judge refused to nix a former Harvard University ice hockey coach's sex bias suit alleging she was paid less than her male colleagues, issuing an order Friday that agreed with a magistrate judge's report rejecting Harvard's argument that her claims were filed too late.  

  • April 25, 2025

    Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff

    A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.

  • April 25, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Harvard University sued the government over its threat to yank billions in funding unless the elite institution undertakes reforms including shuttering diversity, equity and inclusion initiatives, and three federal judges threw up roadblocks to the U.S. Department of Education's effort to eliminate DEI in public schools.

  • April 25, 2025

    2nd Circ. Says Withdrawn Application Dooms Age Bias Suit

    The Second Circuit refused to reopen a sleep doctor's lawsuit claiming a hospital refused to consider him for a job because he was 66 years old, saying his decision to turn down an interview after receiving a misaddressed email doomed his case.

  • April 25, 2025

    What's Behind The Wider Pay Gap Amid Equal Pay Innovation

    Equal pay laws have evolved at a rapid clip in recent years, yet the pay gap widened, illustrating the lingering impact of COVID-19 on the workforce and the importance of continued innovation, attorneys say.

  • April 25, 2025

    Calif. Forecast: Workday AI Bias Suit Up For Class Cert.

    In the coming week, attorneys should watch for arguments regarding conditional collective certification in a discrimination suit against Workday Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • April 25, 2025

    'Computer Glitch' Can't Save Race Bias Suit, 8th Circ. Says

    The Eighth Circuit backed the dismissal of a Black ex-healthcare system worker's suit claiming she was fired out of race bias and for taking medical leave, rejecting her defense Friday that a "computer glitch" pushed her complaint eight minutes past the filing deadline.

Expert Analysis

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • 5 Things For Private Employers To Do After Trump's DEI Order

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    Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.

  • Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs

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    Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.