Discrimination

  • May 09, 2025

    EEOC Can Seek OK Of Deal That Judge Threatened To Scuttle

    A Florida federal judge walked back a threat Friday to toss a U.S. Equal Employment Opportunity Commission race harassment suit after taking issue with its bid to approve a $1.4 million settlement in the case, following warnings from the agency that it would be "severely prejudiced" by dismissal.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Calif. Forecast: Petroleum Cos. $7M Wage Deal Before Court

    In the coming week, attorneys should watch for the potential initial approval of a $7.2 million deal in a proposed wage and hour class action against Marathon Refining Logistics Services and related companies. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Judge Seems To Favor Susman Godfrey In Trump Challenge

    A D.C. federal judge appeared poised Thursday to allow Susman Godfrey LLP's challenge to President Donald Trump's executive order targeting the firm to proceed or to grant the firm a summary judgment win altogether, after she pressed a government attorney on the president's basis for alleging discrimination at the firm.

  • May 08, 2025

    Panel Says Colo. Hospitals Need Notice Of Retaliation Claims

    A Colorado appeals court on Thursday sided with a Denver health system in a precedential ruling, finding healthcare workers who sue public hospitals under a state anti-retaliation statute must warn hospitals about their claims.

  • May 08, 2025

    Judge Allows WWE Accuser To Add SEC Settlement To Suit

    A former World Wrestling Entertainment Inc. staffer, who has accused ex-CEO Vince McMahon of assault and sex trafficking in Connecticut federal court, was allowed to include in an amended complaint the settlement McMahon reached with the federal government regarding payments he made to her and another woman over alleged misconduct.

  • May 08, 2025

    6th Circ. Seems Open To Reviving Ex-Ford Worker's Bias Suit

    The Sixth Circuit appeared skeptical Thursday of Ford Motor Co.'s arguments that a fired Muslim and Middle Eastern employee had not laid out sufficient facts to keep his bias and retaliation lawsuit alive, indicating plaintiffs needn't meet a high bar in the early stages of a case.

  • May 08, 2025

    Ex-Tesla Worker Can't Upend Arbitrator's Race Bias Decision

    A former Tesla assistant store manager can't upend an arbitration award in favor of the company on claims that he was harassed and passed over for promotion because he's Black, a California federal judge ruled, saying the arbitrator didn't abuse her powers by limiting the number of depositions.

  • May 08, 2025

    Wayfair Beats Software Engineer's Age Bias Suit

    A Massachusetts state jury has cleared Wayfair in a discrimination case brought by a 53-year-old software engineer who was terminated in the early months of the pandemic after he requested flexibility to care for his school-age children.

  • May 08, 2025

    Fogo De Chao Hit With Wage, Age Bias Suit In NY

    Brazilian steakhouse chain Fogo de Chao failed to properly pay servers and forced them to share tips with owners and managers while also discriminating against a former employee for his age, according to a proposed class and collective action filed Thursday in New York federal court.

  • May 08, 2025

    Judge Asks DOJ To Define DEI In Health Grant Case

    A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.

  • May 08, 2025

    11th Circ. Won't Revisit Ga. City Atty's Sex Harassment Suit

    The Eleventh Circuit refused Thursday to reopen a lawsuit from a former Atlanta city attorney who claimed she was fired for complaining about her boss' sexual advances, saying it found no issues with a trial court's decision to toss the case.

  • May 08, 2025

    Landry's To Pay Iranian Server $95K In EEOC Harassment Suit

    Seafood restaurant chain Landry's will pay $95,000 to wrap up a U.S. Equal Employment Opportunity Commission suit claiming it fired an Iranian server under false allegations that she came to work drunk after she complained about harassment, according to a Colorado federal court filing.

  • May 08, 2025

    Pa. Jury Awards $165K To Teachers In Equal Pay Suit

    A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.

  • May 08, 2025

    DOJ Civil Rights Appellate Leader Joins Crowell & Moring

    Crowell & Moring LLP hired the acting deputy chief of the Justice Department's Civil Rights Division's Appellate Section as a senior counsel who will be based in Washington focusing on a range of higher education matters, the firm announced Thursday.

  • May 08, 2025

    Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case

    A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.

  • May 08, 2025

    5th Circ. Says Late Filing Dooms Fired Worker's Vax Bias Suit

    The Fifth Circuit declined to revive an ex-Texas Children's Hospital worker's bias suit claiming she was fired for seeking a religious exemption to its COVID-19 vaccination requirement, rejecting her argument that a lost password excused missing a deadline to file the case.

  • May 08, 2025

    Lewis Brisbois Litigator Jumps To FordHarrison In LA

    Management-side labor and employment firm FordHarrison LLP is growing its West Coast team, bringing in a litigator from Lewis Brisbois Bisgaard & Smith LLP as a partner in its Los Angeles office.

  • May 07, 2025

    DOJ Drops Bias Claims Over NY Fire Dept. Hiring Practices

    The U.S. Department of Justice dropped its claims on Wednesday in long-running federal litigation against New York City over allegedly discriminatory hiring practices against minority firefighter applicants, two weeks after President Donald Trump signed an executive order that seeks to end disparate impact as a theory of liability for unlawful 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.

Expert Analysis

  • 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.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.