Discrimination

  • October 16, 2025

    6th Circ. Backs Air Force's Win In Ex-Worker's Race Bias Suit

    The Sixth Circuit refused to reopen a former military salesman's lawsuit alleging the Air Force repeatedly disciplined him and threatened to fire him because he's a Black man, ruling the civilian worker hadn't provided enough evidence to keep his claims in court.

  • October 16, 2025

    Judge Rejects Bid To DQ Wash. Atty In Her County Bias Suit

    A Seattle federal judge won't bar an attorney from representing herself in a racial discrimination lawsuit accusing a Washington county of sidelining her from hearing certain cases during her tenure as a part-time judge, rejecting the defense's claims of a conflict of interest.  

  • October 16, 2025

    Wells Fargo To Settle Investors' 'Sham' Hiring Case For $85M

    Wells Fargo & Co. has agreed to pay $85 million to exit an investor class action accusing it of conducting "sham" job interviews to meet diversity quotas, settling a yearslong dispute before it could reach trial in California federal court.

  • October 16, 2025

    5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight

    The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.

  • October 16, 2025

    US Bank Wants Out Of Ex-AI Chief's Race Bias Suit

    U.S. Bank has doubled down on its efforts to escape a race bias suit brought by the former head of its artificial intelligence efforts, saying he waited more than 100 days too long to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission.

  • October 16, 2025

    2nd Circ. Hints EFAA Shields Entire Suits From Arbitration

    A Second Circuit panel appeared ready Thursday to endorse the view that a worker's entire suit could remain in court — including allegations beyond those of sexual harassment — if a claim within the litigation triggered the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act.

  • October 16, 2025

    Tech Co. Gets Ex-Employee's Bias Suit Shipped To Texas

    An information technology services company must face a Black former employee's lawsuit claiming she was fired for complaining about a supervisor's racist remarks, an Illinois federal judge ruled, but said the case should be sent to Texas based on the worker's employment agreement.

  • October 15, 2025

    6th Circ. Backs EV Charging Co. In Ex-Manager's Bias Suit

    The Sixth Circuit refused Wednesday to reopen a former production manager's lawsuit claiming he was fired by an electric vehicle charger company because he's Black and Muslim, ruling he couldn't overcome the manufacturer's explanation that his poor performance, not bias, cost him the job.

  • October 15, 2025

    Conn. Hospital Had Cause To Fire Lawmaker, Judge Confirms

    A Connecticut judge has confirmed an arbitrator's finding that Norwalk Hospital had "just cause" to fire a now-former state lawmaker, Anabel Figueroa, from her job as a unit coordinator after she made allegedly antisemitic remarks on the campaign trail.

  • October 15, 2025

    Bankruptcy Can't End Caterpillar Privacy Suit, Ex-Worker Says

    A former Caterpillar employee urged an Illinois federal judge on Tuesday not to let his bankruptcy spell doom for his lawsuit claiming the machinery manufacturer illegally collects applicants' family medical histories, arguing he properly used a 'wildcard exemption' to shield his assets from creditors.

  • October 15, 2025

    11th Circ. Denies Veteran's Appeal Of Bias Suit Dismissal

    The Eleventh Circuit on Wednesday affirmed a district court's ruling against a veteran who said he faced disability discrimination, retaliation and a hostile work environment at the IRS after the agency failed to accommodate his request to work from the office during the COVID-19 pandemic.

  • October 15, 2025

    Tech Co. Beats Pakistani Ex-Employee's Discrimination Suit

    An information technology services company defeated a former regulatory affairs employee's lawsuit alleging he was fired because he is Pakistani and was in his 50s, with an Illinois federal judge saying he failed to identify a comparable colleague who was treated better.

  • October 15, 2025

    Mortgage Co. Can't Nix Worker's Racist Nickname Allegations

    A New York federal judge narrowed but refused to toss a bias suit from a Black mortgage company worker who said his white boss repeatedly called him a nickname using a racial slur, ruling a reasonable jury could find he'd endured an unlawfully hostile work environment.

  • October 15, 2025

    Judge Denies Class Cert. In Coast Guard Vax Suit

    A U.S. Court of Federal Claims judge declined to certify a proposed class of Coast Guard personnel who were involuntarily removed from active duty after refusing the COVID-19 vaccination, calling their proposed subclasses overly broad and potential claims too unique. 

  • October 15, 2025

    Atty Fights Walgreens Sanction Bid In Georgia Bias Suit

    A former pharmacist suing Walgreens for discrimination asked a Georgia federal judge to reject the chain's sanctions bid against her attorney, saying the chain did not give the lawyer enough time to respond to a series of communications that led to the motion for sanctions.

  • October 15, 2025

    Ex-Jail Officer's $1M Bias Award Miscalculated, 5th Circ. Says

    A former Texas correctional officer's $1 million jury award was miscalculated for her lawsuit alleging she was terminated for taking leave because of her diabetes, hypertension and back pain, a split Fifth Circuit panel found, scrapping the award because jurors wrongly included potential future retirement benefits.

  • October 15, 2025

    Utility Co. Faces $3M Verdict For COVID-Era Telework Denials

    A New York federal jury handed a $3.1 million win to two former workers who said National Grid illegally denied their requests to continue working remotely during the COVID-19 pandemic to manage their disabilities.

  • October 14, 2025

    '9-1-1' Actor Wrongly Fired For Vaccine Objection, Jury Told

    Counsel for an actor fired from the ABC television show "9-1-1" for refusing a COVID-19 vaccine told a California federal jury during opening statements Tuesday that his client was subjected to religious discrimination and wrongly fired, saying the network ignored a reasonable accommodation — temporarily writing his character off the show.

  • October 14, 2025

    Ex-Fujitec Atty May Sue Over Defamation But Not Race Bias

    A Cincinnati federal judge has ended racial discrimination claims brought by the former top lawyer for Fujitec America against the elevator company, while leaving intact a defamation claim the attorney is pursuing against a colleague who he said made bogus allegations leading to his firing.

  • October 14, 2025

    8th Circ. Too Lenient In EEOC Harassment Case, Rail Co. Says

    BNSF Railway Co. urged the Eighth Circuit on Tuesday to rethink reviving classwide claims in a U.S. Equal Employment Opportunity Commission lawsuit alleging the company failed to protect female workers from harassment, arguing an appellate panel created a special, more relaxed standard to apply to the agency's case.

  • October 14, 2025

    United Airlines Workers Ask Justices To Revive Vax Battle

    United Airlines workers urged the U.S. Supreme Court to hear their push to reinstate a suit over the company's COVID-19 vaccination mandate, arguing the justices should clarify whether federal law safeguards an employee's right to refuse drugs approved during national emergencies.

  • October 14, 2025

    2nd Circ. Says Fired VP's Age Bias Suit Scant On Evidence

    The Second Circuit backed the dismissal of a former executive's suit alleging a property management company violated federal age discrimination law by firing her at age 84, ruling Tuesday that she failed to show that prejudice, and not the company's financial situation, drove her termination.

  • October 14, 2025

    Security Co. Can't Narrow EEOC Pregnancy Bias Suit

    A D.C. federal judge refused Tuesday to trim a U.S. Equal Employment Opportunity Commission lawsuit claiming a security company pushed an officer out because she repeatedly requested time and space to pump breast milk, rejecting the company's argument that several of the agency's claims were redundant.

  • October 14, 2025

    Calif. Gov. Vetoes Regulation Of AI In Employment Decisions

    California Gov. Gavin Newsom vetoed a bill that would have required businesses to make sure humans reviewed termination and disciplinary decisions made by artificial intelligence tools, calling the legislation "overly broad."

  • October 10, 2025

    Ex-Temple Worker Can Sue Under ADA, Not As Whistleblower

    A New Jersey federal judge ruled Friday that a longtime Fox Chase Cancer Center employee who claims she was ousted by a new supervisor after taking sick leave can add an Americans with Disabilities Act claim to her lawsuit, but not New Jersey or Pennsylvania whistleblower claims.

Expert Analysis

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

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    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.

  • It Ends With Us Having No Coverage?

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    A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.