Discrimination

  • July 14, 2025

    Ex-DOJ Employment Litigation Deputy Joins Kalijarvi Chuzi

    The former deputy chief of the employment litigation section of the Department of Justice's Civil Rights Division has joined the D.C. employment boutique Kalijarvi Chuzi Newman & Fitch PC, the firm said Monday.

  • July 14, 2025

    End Of NJ Municipal Court Official's Harassment Suit Upheld

    A former New Jersey municipal court administrator cannot sue the state Administrative Office of the Courts in a sexual harassment case because she was never an employee of the office, the state Appellate Division said Monday in a published opinion.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 14, 2025

    Ex-City Workers' Disability Bias Suit Should Fail, Judge Says

    An Atlanta suburb shouldn't have to face a suit alleging it fired two employees because of their stress and anxiety, a Georgia federal magistrate judge recommended, saying neither worker could overcome explanations that poor performance cost her the job.

  • July 14, 2025

    Calif. Panel Upends Arbitration Pact In Worker's Firing Suit

    A Charter Communications worker's wrongful termination suit should not have been sent to arbitration, a California appeals court said, after finding the company's alternative dispute resolution pact held one-sided provisions and made it difficult for employees to opt out.

  • July 11, 2025

    2025's Bias Class Deals On Track To Best '24, Report Says

    The value of the top settlements in employment discrimination class actions in the first half of 2025 was over $220 million, which is on pace to exceed the value of last year's largest set of deals, according to a new Duane Morris LLP report.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

  • July 11, 2025

    Former NC Rep. Says State Law Covers Discrimination Suit

    A former North Carolina lawmaker is fighting back against the state body of independent administrative law judges' effort to defeat his discrimination and retaliation case, saying state statute should cover his claims of being unfairly fired as its general counsel.

  • July 11, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    A trio of top congressional Democrats asked the U.S. Equal Employment Opportunity Commission's acting head to provide details about her efforts to obtain information from major law firms about their diversity, equity and inclusion practices. Meanwhile, IBM Corp. resolved a suit by a white male former consultant who alleged he was pushed out due to workforce diversity quotas. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • July 11, 2025

    Fired Red Cross Vax Refuser Seeks $6M As Jury Trial Wraps

    An attorney for a nurse fired from the American Red Cross after being denied religious accommodation from the COVID-19 vaccine mandate asked a Detroit federal jury Friday for more than $6 million in damages for what he said was the organization's disregard of the woman's beliefs.

  • July 11, 2025

    Clorox And Ex-HR Manager Agree To End Race Bias Suit

    Clorox and one of its former human resources managers have agreed to settle the ex-worker's suit alleging she was forced out of her job for refusing to drop racial bias concerns related to the company's hiring practices, according to a joint stipulation filed in federal court.

  • July 11, 2025

    NJ Atty's Bias Suit Against McCarter & English Gets Trimmed

    A New Jersey state judge has largely narrowed the scope of a former McCarter & English LLP attorney's anti-veteran discrimination and whistleblower retaliation lawsuit against the firm, but allowed certain claims under a federal veterans rights law to proceed.

  • July 11, 2025

    Ex-Judge Pushes Back Against NJ's Stance On Her Conduct

    A former workers' compensation judge has pushed back in her suit over her removal after the state of New Jersey said her conduct around discovery raises safety concerns of individuals she has targeted, telling a state court it's New Jersey that has engaged in harassing conduct.

  • July 11, 2025

    Calif. Forecast: Court Weighs Google's $50M Racial Bias Deal

    In the coming week, attorneys should watch for the potential initial sign-off on a $50 million deal between Google and Black workers who alleged the technology giant discriminated against them based on race. Here's a look at that case and other labor and employment matters on deck in California.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 11, 2025

    11th Circ. Revives Black Worker's Promotion Bias Suit

    The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.

  • July 10, 2025

    Stanford Accused Of Fostering Antisemitism In Bias Suit

    A former Stanford University research fellow from Israel sued the university and a lab director in California federal court on Thursday, alleging that they fostered antisemitism on campus, retaliated against him for reporting discrimination and ultimately forced him to resign.

  • July 10, 2025

    Vax Refuser Tells Jury Red Cross Mandate Was 'Unsettling'

    A former nurse for the American Red Cross said the organization's requirement that employees receive a COVID-19 vaccine was "unsettling" to her and led to physical manifestations of stress, as she testified before a federal jury on Thursday that she believed receiving the injection went against her religious beliefs.

  • July 10, 2025

    Black Worker Claims Bias At Nuclear Safety Organization

    A nuclear power safety organization repeatedly promoted white men rather than a more qualified Black woman, the worker told a Georgia federal court Thursday, claiming the group has endeavored for years to keep Black employees out of leadership positions.

  • July 10, 2025

    Samsung Accused Of Retaliating Against Pregnant NJ Worker

    A former senior product manager has filed a pregnancy discrimination lawsuit in New Jersey state court against Samsung Electronics America Inc. and the staffing agency cyberThink Inc., alleging she was unlawfully terminated shortly after disclosing her pregnancy and requesting modest workplace accommodations.

  • July 10, 2025

    House Dem Says FCC Must Follow Law On DEI Probes

    A House Democrat who helps oversee the Federal Communications Commission says agency chief Brendan Carr must avoid any hint of targeting companies' diversity initiatives for political reasons rather than legal rationale against discrimination.

  • July 10, 2025

    Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit

    The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.

  • July 10, 2025

    8th Circ. Backs EEOC Win In Deaf Bias Row With Trucking Co.

    The Eighth Circuit declined on Thursday to upend decisions in favor of the U.S. Equal Employment Opportunity Commission in its lawsuit accusing a trucking company of refusing to hire a driver because he's deaf, rejecting the employer's argument that the applicant wasn't qualified for the job.

  • July 10, 2025

    Ga. Sheriff Fired Deputy For Supporting Rival, Suit Says

    Fulton County, Georgia, its sheriff's office and its sheriff have been sued in federal court by a former sheriff's office employee who alleged he was fired because he supported the sheriff's political opponent in the 2024 election.

  • July 10, 2025

    11th Circ. Keeps County Win In Prison Promotion Bias Row

    The Eleventh Circuit kept intact a Georgia district court's decision to toss a county prison counselor's suit claiming she was passed over for promotion because of her gender, ruling Thursday that she lacked evidence to support a discrimination claim.

Expert Analysis

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

    Author Photo

    While FIFA and other employers taking steps to provide paid parental leave should be applauded, the U.S. deserves a red card for being the only rich nation in the world that offers no such leave, says Dacey Romberg at Sanford Heisler.

  • What 2 Rulings On Standing Mean For DEI Litigation

    Author Photo

    Recent federal court decisions in the Fearless Fund and Hello Alice cases shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives, with opposite conclusions on whether the plaintiffs had standing to sue, say attorneys at Moore & Van Allen.

  • Eye On Compliance: A Brief History Of Joint Employer Rules

    Author Photo

    It's important to examine the journey of the joint employer rule, because if the National Labor Relations Board's Fifth Circuit appeal is successful and the 2023 version is made law, virtually every employer who contracts for labor likely could be deemed a joint employer, say Bruno Katz and Robert Curtis at Wilson Elser.

  • Top 5 Issues For Employers To Audit Midyear

    Author Photo

    Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.

  • Tailoring Compliance Before AI Walks The Runway

    Author Photo

    Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

    Author Photo

    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Politics In The Workplace: What Employers Need To Know

    Author Photo

    As the 2024 election approaches and protests continue across the country, employers should be aware of employees' rights — and limits on those rights — related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise, say attorneys at Littler.

  • What High Court Ruling Means For Sexual Harassment Claims

    Author Photo

    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • 5 Steps For Gov't Contractor Affirmative Action Verification

    Author Photo

    As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.

  • New OSHA Memo Helps Clarify Recordkeeping Compliance

    Author Photo

    Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

    Author Photo

    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • One Contract Fix Can Reduce Employer Lawsuit Exposure

    Author Photo

    A recent Fifth Circuit ruling that saved FedEx over $365 million highlights how a one-sentence limitation provision on an employment application or in an at-will employment agreement may be the easiest cost-savings measure for employers against legal claims, say Sara O'Keefe and William Wortel at BCLP.

  • The State Of Play In DEI And ESG 1 Year After Harvard Ruling

    Author Photo

    Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.