Discrimination

  • June 12, 2025

    DC Judge Skeptical That Politics Sparked FBI Agent's Firing

    A D.C. federal judge on Thursday sought to suss out whether the appearance of bias or GOP outcry was to blame for the firing of an FBI agent whose text messages disparaging President Donald Trump became public.

  • June 12, 2025

    11th Circ. Won't Revive Nurses' African Bias, Retaliation Suit

    The Eleventh Circuit on Thursday backed an Atlanta hospital's defeat of a lawsuit claiming it disciplined and fired two nurses who complained that a supervisor made derogatory comments about African employees, saying neither woman could overcome evidence of their misconduct.

  • June 12, 2025

    Unifi Aviation Sued For Firing Ga. Worker After FMLA Approval

    The largest aviation ground handling service in North America has been sued in Georgia federal court by a woman who alleges she was pressured to speak with a male manager about her reproductive issues after requesting medical leave, then fired once that leave was approved.

  • June 12, 2025

    Athletes Revive Title IX Objections In NIL Settlement Appeal

    Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.

  • June 12, 2025

    Trans Ex-Teacher's Resignation Sinks Bias Suit, Fla. Says

    Florida's education agencies urged a federal judge Thursday to toss a transgender ex-teacher's suit claiming he was forced to quit after a new law required him to use incorrect pronouns at work, stating his claims fail because he resigned before the new rules took effect.

  • June 12, 2025

    Judge Hints Signature Is Evidence Staffer Waived Jury Trial

    A New Jersey state court judge appeared skeptical Thursday of a fired Blume Forte Fried Zerres & Molinari staffer's argument that an arbitration agreement she signed as part of the firm's onboarding process is invalid because it was never explained to her, and she has no recollection of signing it.

  • June 12, 2025

    Ogletree Launches Workforce Analytics Group

    Ogletree Deakins Nash Smoak & Stewart PC has launched a new practice group that will focus on using data-driven tools to advise employers on various workforce compliance and risk assessment matters.

  • June 12, 2025

    NY State Advances Bill To Shield Jury Awards In Bias Cases

    A bill that would block judges from decreasing awards in employment discrimination cases cleared New York's state Senate along party lines, marking a step forward in legislators' effort to curb second-guessing of state juries.

  • June 12, 2025

    Weinstein Sex Abuse Trial Ends After Mixed, Partial Verdict

    Harvey Weinstein's sexual abuse retrial ended Thursday with a Manhattan jury failing to reach a verdict on a count alleging the movie mogul raped an actress, one day after he was convicted of forcing sex on a production assistant and cleared on a third charge.

  • June 12, 2025

    High Court Levels ADA Playing Field For Disabled Students

    The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should not face a higher standard of proof than plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.

  • June 11, 2025

    Fed. Circ. Says VA Worker Must Submit To Random Drug Tests

    The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.

  • June 11, 2025

    UNC Hospital System Must Face Ex-Resident's Bias Suit

    The University of North Carolina's hospital system must face a discrimination lawsuit filed by a fired surgical resident, a North Carolina federal judge ruled Wednesday, tossing the system's motion to dismiss claims that the discharge decision was motivated by bias against the resident's mental health conditions.

  • June 11, 2025

    Credit Agricole Boss Can't Knock Out Ex-Banker's Bias Suit

    A New York federal judge narrowed but declined to completely toss a bias suit from a Latinx Credit Agricole trader who said his boss repeatedly disrespected him, handed his responsibilities to a white trader and then tanked his performance review after he complained. 

  • June 11, 2025

    Trump's Anti-DEI Tack Merits Revisiting Voluntary Bias Audits

    The Trump administration's willingness to target alleged discrimination stemming from efforts to diversify workplaces doesn't rewrite the rules for internal audits looking to ferret out bias, experts say, but employers would still be wise to give their practices a fresh look.

  • June 11, 2025

    8th Circ. Probes NLRB's Process In Home Depot 'BLM' Ruling

    An Eighth Circuit panel questioned Wednesday the process behind the National Labor Relations Board's ruling that Home Depot illegally forced out a worker for displaying the letters "BLM" on their apron but didn't tip its hand on whether this move was within the company's rights.

  • June 11, 2025

    Walmart Pharmacist Says Age, Disability Bias Led To Firing

    A former pharmacy manager at a Massachusetts Walmart said he suffered age and disability discrimination following a stroke, then was wrongfully fired after more than 20 years with the retailer.

  • June 11, 2025

    8th Circ. Weighs Protections For Principal's LGTBQ+ Support

    The Eighth Circuit closely scrutinized a former public school principal's free speech case over her advocacy for LGBTQ+ students Wednesday, with the judges hunting for the line at which her campaign may have crossed into protected activity.

  • June 11, 2025

    Siemens Unit Settles Calif. Watchdog's Racial Slur Probe

    California's civil rights enforcement agency said Wednesday that a railway technology company had settled an investigation into a worker's claims that he was wrongly suspended and escorted off the job after complaining about co-workers using racial slurs.

  • June 11, 2025

    Oklahoma Pot Agency Wants Claims Tossed In Retaliation Suit

    The Oklahoma Medical Marijuana Authority is urging a federal court to throw out Title VII and Age Discrimination in Employment Act claims in a suit by a former contract monitor who alleges she was fired for whistleblowing.

  • June 11, 2025

    DOL, EEOC Noms To Go Before Senate Panel

    President Donald Trump's nominees for key roles in the U.S. Department of Labor and U.S. Equal Employment Opportunity Commission will stand before a Senate committee next week, the panel said Wednesday.

  • June 11, 2025

    Disney's Hiring Is Biased Toward Immigrants, Calif. Court Told

    The Walt Disney Co. illegally fired a human resources specialist because she raised concerns about what she saw as the company's practices of primarily hiring immigrant workers while disproportionately firing African American employees, she told a California state court.

  • June 11, 2025

    Weinstein Convicted Of 1 Charge In Mixed, Partial Verdict

    A Manhattan state court jury on Wednesday convicted movie mogul Harvey Weinstein of sexually assaulting a production assistant, acquitted him of assaulting a former model and indicated it had so far failed to reach a verdict on a charge alleging he raped an actress.

  • June 10, 2025

    Tech Recruiter Settles DOJ Claims It Favored Visa Workers

    A San Francisco Bay Area-based technology recruiting company agreed Tuesday to pay civil penalties and change its recruiting practices to resolve allegations it illegally preferred H-1B visa holders over U.S. workers, marking the government's renewed push under the Trump administration to enforce the Immigration and Nationality Act against companies favoring foreign workers.

  • June 10, 2025

    Ga. Schools Must Face Ex-Principal's Suit Over BLM Support

    A federal judge won't let a Georgia school district out of claims that it forced out a Black former principal over his vocal support for the Black Lives Matter movement, ruling that like the school board's individual members and ex-superintendent before it, the district failed to raise its defenses when it had the opportunity to do so.

  • June 10, 2025

    Atty Accuses City Of 'Game-y' Tactics In Race Bias Settlement

    A North Carolina employment attorney accused the city of Charlotte in federal court Tuesday of being "game-y" by trying to change a Black fire chief's racial bias settlement after both sides agreed to certain terms, saying she wouldn't make him sign something that didn't reflect those promises.

Expert Analysis

  • Eye On Compliance: New Pregnancy And Nursing Protections

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    With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

  • A Timeline Of Antisemitism Legislation And What It Means

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    What began as hearings in the House of Representatives Committee on Education and the Workforce has expanded to a House-wide effort to combat antisemitism and related issues, with wide-ranging implications for education, finance and nonprofit entities, say attorneys at Morgan Lewis.

  • Colo. Ruling Adopts 'Actual Discharge' Test For The First Time

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    After a Colorado court’s recent decision in Potts v. Gaia Children, adopting for the first time a test for evaluating an actual discharge claim, employers must diligently document the circumstances surrounding termination of employment, and exercise particular caution when texting employees, says Michael Laszlo at Clark Hill.

  • It's Time For Nationwide Race-Based Hair Protections

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    While 24 states have passed laws that prohibit race-based hair discrimination, this type of bias persists in workplaces and schools, so a robust federal law is necessary to ensure widespread protection, says Samone Ijoma and Erica Roberts at Sanford Heisler.

  • After Chevron: EEOC Status Quo Will Likely Continue

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    As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.

  • After Chevron: Various Paths For Labor And Employment Law

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    Labor and employment law leans heavily on federal agency guidance, so the U.S. Supreme Court’s decision to toss out Chevron deference will ripple through this area, with future workplace policies possibly taking shape through strategic litigation, informal guidance, state-level regulation and more, says Alexander MacDonald at Littler.

  • FIFA Maternity Policy Shows Need For Federal Paid Leave

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    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

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    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

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    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.