Discrimination

  • 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.

  • August 13, 2025

    Flores Cites Gruden's Win Averting Arbitration In NFL Suit

    Fired former Miami Dolphins coach Brian Flores sent a letter to the Second Circuit arguing the recent decision by the Nevada Supreme Court not to send the dispute of former Las Vegas Raiders coach Jon Gruden to arbitration is pertinent to his efforts to avoid arbitration in his discrimination lawsuit against the NFL.

  • August 13, 2025

    7th Circ. Backs Chicago In White Worker's Race Bias Suit

    The Seventh Circuit affirmed the dismissal of a white Chicago city worker's suit claiming she was suspended three times by her Black boss out of racial discrimination, saying she hadn't rebutted the city's argument that performance issues, not prejudice, got her disciplined.

  • August 12, 2025

    West Point, Air Force Academy Settle Admissions Bias Suits

    President Donald Trump's administration said Tuesday that it has settled two lawsuits lodged by an anti-affirmative-action organization that challenged the use of race in admissions decisions by the U.S. Air Force Academy and the U.S. Military Academy at West Point.

  • August 12, 2025

    Worker's Flu Shot Ruling Goes Too Far, 5th Circ. Dissent Says

    A Fifth Circuit judge on Monday said a woman briefly suspended from Texas Children's Hospital over her refusal to get a flu vaccine should be able to pursue her religious discrimination suit even though the hospital ultimately accommodated her beliefs.

  • August 12, 2025

    Ex-Paralegal Sues Rueb Stoller For Race Bias

    A Georgia law firm was sued in federal court by a Black former civil litigation paralegal who alleged she faced a "pattern of marginalization" due to her race before eventually resigning after a co-worker "hurled" a racial slur at her.

  • August 12, 2025

    6th Circ. Raises Bar For Suits Over Harassment By Customers

    The Sixth Circuit recently rejected decades-old U.S. Equal Employment Opportunity Commission guidelines and made it tougher for workers to successfully sue employers over harassment by customers, in a ruling that experts said showed the influence of last year's Loper Bright opinion from the nation's highest court.

  • August 12, 2025

    NM School Board Sues Feds Over Native American Bias Probe

    A New Mexico school board is suing the U.S. Equal Employment Opportunity Commission and acting Chair Andrea Lucas, arguing they overstepped their authority by lodging an "overly broad and vague" Native American discrimination charge and probe against it.

  • August 12, 2025

    GWU Didn't Adequately Safeguard Jewish Students, DOJ Says

    The U.S. Department of Justice said Tuesday that George Washington University violated federal antidiscrimination law by not doing enough to address on-campus hostility against Jewish and Israeli students and faculty.

  • August 12, 2025

    NJ Judge Trims Ex-Bank Regulator's Discrimination Suit

    A New Jersey state judge has trimmed a discrimination and retaliation suit brought by a former acting director at the state's Department of Banking and Insurance, tossing her unequal pay and hostile work environment claims, but allowing her retaliation and failure to promote claims to proceed.

  • August 12, 2025

    Paralegal's Bias Suit Fails To Show ADA Violation, Firm Says

    The Driscoll Firm PC, which was accused of unfairly firing a paralegal after she disclosed her cancer recurrence, told a North Carolina federal court it should be freed from the lawsuit because the former worker didn't allege she was guaranteed protection under several federal laws.

  • August 12, 2025

    Ohio Manufacturer Strikes Deal In EEOC Sex Bias Suit

    A private equity-owned manufacturer has reached a deal to end a U.S. Equal Employment Opportunity Commission suit accusing it of refusing to hire women for production floor jobs and firing a human resources director who pushed to recruit women, according to a filing in Ohio federal court.

  • August 11, 2025

    2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit

    The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.

  • August 11, 2025

    What To Know Following DOJ's Guidance On 'Unlawful' DEI

    The U.S. Department of Justice recently issued guidance that marks the Trump administration's most detailed explanation yet of the types of diversity, equity and inclusion-related practices it considers illegal, a move that experts say offers clues about how future enforcement actions will look. Here are five takeaways.

  • August 11, 2025

    Christian Groups Win Reprieve From EEOC, HHS Regs

    A Texas federal court blocked the U.S. Equal Employment Opportunity Commission and the U.S. Department of Health and Human Services from enforcing Biden-era rules and guidance against two Christian organizations, saying provisions pertaining to abortion, fertility and gender-affirming care flout the groups' Religious Freedom Restoration Act rights.

  • August 11, 2025

    Charlotte Housing Authority Seeks To Split Bias Trial In Two

    Charlotte's public housing authority Inlivian asked a North Carolina federal judge Monday to divvy up a former coordinator's upcoming workplace retaliation and discrimination trial into two parts so punitive damages are resolved separately.

  • August 11, 2025

    WWE Accuser Can Get Doctor's Records, But Not Depositions

    The former World Wrestling Entertainment Inc. legal staffer who is suing the company on sex trafficking and abuse claims can access medical and billing records from her visits to a celebrity doctor, but she can't conduct any depositions without filing a separate lawsuit, a Connecticut state court judge ruled Monday.

  • August 11, 2025

    Fisher Phillips Adds Back Kahana Feld Labor Atty In Calif.

    Fisher Phillips is expanding its West Coast team, announcing Monday a Kahana Feld LLP labor and employment ace is returning to the firm as a partner its Orange County office in Irvine, California.

  • August 11, 2025

    Fired PGA Tour Reporter Says Vaccine, Mask Objections Legit

    A former PGA Tour on-air talent, who was terminated for not complying with COVID-19 protocols, has told a Florida federal court that a trial is the appropriate vehicle through which to analyze whether her religious objections were "bona fide," and that the question cannot be addressed at the summary judgment stage.

  • August 11, 2025

    NJ Says Subpoenas In Judge's Removal Suit Directly Relevant

    New Jersey urged a state court to reject a bid by a former workers' compensation judge to quash its subpoenas in her suit over her removal from the bench, arguing that the material is directly relevant to its defenses.

  • August 11, 2025

    6th Circ. Bucks EEOC With Strict View On Client Harassment

    An employer can only be held liable for a customer's harassment of an employee if the company intended for the misconduct to happen, the Sixth Circuit ruled, a strict stance that breaks with long-standing U.S. Equal Employment Opportunity Commission guidelines and other circuit case law.

  • August 08, 2025

    Feds Aim To Dismiss ABA's 'Law Firm Intimidation Policy' Suit

    The Trump administration on Friday asked a Washington, D.C., federal judge to throw out a lawsuit from the American Bar Association claiming the federal government has launched an unconstitutional war of intimidation against lawyers and law firms.

  • August 08, 2025

    NY Forecast: Judge Weighs NLRB Injunction Bid At Nonprofit

    This week, a New York federal judge will consider whether to order a homeless shelter operator to bargain with a Service Employees International Union affiliate over allegations that the nonprofit refused to bargain with the union and threatened workers over their union activity. Here, Law360 looks at this and other cases on the docket in New York.

  • August 08, 2025

    Verizon Retailer Inks Deal To End EEOC Pregnancy Bias Suit

    A Verizon retailer based in North Carolina will pay $70,000 to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it rescinded a new hire's job offer after she sought time off to attend an ultrasound.

Expert Analysis

  • Disparate Impact Theory Lives On Despite Trump Order

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    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • 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.