Discrimination

  • April 04, 2025

    NY Forecast: 2nd Circ. Weighs OK Of Disputed Settlement

    This week, the Second Circuit will consider whether to reverse a Connecticut federal judge's decision giving final approval to a class and collective action settlement between a home health care company and workers based on a memorandum of understanding that the company claims is unenforceable.

  • April 04, 2025

    Texas Goodwill Inks $75K Deal In EEOC Disability Bias Suit

    The U.S. Equal Employment Opportunity Commission told a Texas federal court Friday that a Goodwill operation has agreed to pay $75,000 to end the agency's suit alleging the organization illegally declined to hire a deaf applicant for a retail role because "hearing and speaking" were job requirements.

  • April 04, 2025

    New Calif. Bills To Watch On Pay And Leave

    California’s Legislature is considering bills that seek to update the state’s equal pay laws, bar employers from using so called stay-or-pay contracts and harmonize the meaning of family across paid leave laws. Here, Law360 explores these three bills that will drive discussion on workers’ rights.

  • April 04, 2025

    LA County Inks Historic $4B Juvenile Sex Abuse Settlement

    Los Angeles County announced Friday that it's reached a $4 billion tentative settlement to resolve nearly 7,000 claims of sexual abuse at juvenile detention facilities and foster homes, a historic deal described by some as the largest-ever payout of its kind.

  • April 04, 2025

    Houston Housing Authority Hit With Sex Harassment Suit

    A female former Houston Housing Authority Corp. employee has alleged in Texas federal court that she was sexually harassed, dealt with sexist remarks, got demoted and was retaliated against by her supervisor when she worked there.

  • April 04, 2025

    2nd Circ. Judge Rips NYC Bias Training As 'Incredibly Racist'

    A Second Circuit judge appeared incredulous Friday at New York City's defense of implicit bias trainings that its education department mandated employees complete in 2018, stating during a case hearing that the seminars were "incredibly racist" and could constitute unlawful harassment.

  • April 04, 2025

    DOL Adds To Args Against Injunction On Trump DEI Mandates

    The U.S. Department of Labor this week urged an Illinois federal judge to reconsider his analysis of a provision in President Donald Trump's recent executive orders directing federal agencies to terminate "equity-related" grants and to limit the scope of any forthcoming preliminary injunction to the Chicago-based trade group that filed suit challenging them.

  • April 04, 2025

    Liberty University Can Appeal Trans Bias Case Ruling

    A Virginia federal judge has allowed Liberty University Inc. to immediately appeal the non-dismissal of a discrimination suit by a transgender woman fired for transitioning, ruling that it's an open question whether religious exemptions to Title VII apply when a firing is "plausibly as sex-based as it was religion-based."

  • April 04, 2025

    Trucking Co. Ends Calif. Agency's Conviction Bias Probe

    An Iowa-based transportation and logistics company agreed to pay $100,000 to end a California Civil Rights Department investigation into allegations that it unlawfully pulled a job offer because of an applicant's criminal history, according to the state agency.

  • April 04, 2025

    Calif. Forecast: AB 5 Trucking Challenge Back At 9th Circ.

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit in a challenge to California's independent contractor classification law by trucking industry groups and two drivers, a case that previously went before the appeals court. Here's a look at that case and other labor and employment matters coming up in California.

  • April 04, 2025

    Trump Gets Supreme Court Win In Teacher Grants Case

    The U.S. Supreme Court on Friday axed a Massachusetts federal judge's order requiring the Trump administration to reinstate $250 million in teacher training grants for eight states, giving President Donald Trump his first high court win amid what he claims is a flood of unlawful court orders restraining the executive branch's power.

  • April 04, 2025

    Female Public Defenders Settle Bias Case With Pa. County

    A proposed class of unionized female public defenders on Friday settled civil rights claims against Delaware County, Pennsylvania, nearly three years after suing their employer for alleged "systemic, enduring and continuing wage disparity" between male and female attorneys in suburban Philadelphia.

  • April 04, 2025

    Fox Rothschild Employment Atty Joins Pierson Ferdinand

    Fast-growing Pierson Ferdinand LLP has announced a labor and employment attorney with more than 40 years of experience has joined the firm from Fox Rothschild LLP as a partner based in New York and Princeton, New Jersey.

  • April 04, 2025

    Drexel Can't Get New Trial In Prof's Equal Pay Suit

    Drexel University cannot unravel a $355,000 award for a philosophy professor after a jury found she was willfully paid less than her male colleagues out of bias, a Pennsylvania federal judge ruled Friday, saying the court wouldn't rethink disciplining the university for failing to provide pertinent pay data.

  • April 04, 2025

    More Than 500 Law Firms Sign Onto Perkins Coie Amicus

    A group of 507 law firms, including Munger Tolles & Olson LLP and Covington & Burling LLP, have signed onto an amicus brief filed Friday supporting Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the law firm.

  • April 04, 2025

    Insurance Co. Can't Nix Religious Bias Suit Over Vax Mandate

    A Rhode Island federal judge declined to toss an insurance company worker's suit claiming he was illegally fired for refusing to get vaccinated against COVID-19 for religious reasons, ruling he showed his faith was sincere enough to keep his claims in court.

  • April 03, 2025

    Unvaxxed Firefighters Face Skeptical 9th Circ. In Firing Appeal

    A panel of Ninth Circuit judges questioned the argument made Thursday by eight Washington fire and rescue workers fired after refusing COVID-19 vaccinations, challenging their claim that COVID-19 infections did not create an undue hardship for their department.

  • April 03, 2025

    Ex-EEOC Officials Say Agency DEI Guidance Disregards Law

    A group of Democratic former U.S. Equal Employment Opportunity Commission officials said Thursday that recent agency guidance on diversity, equity and inclusion programs lacks clarity and threatens to stifle efforts to make workplaces fairer.

  • April 03, 2025

    Ex-Cop Asks 11th Circ. To Revive Bias Suit Against Fla. City

    A former Opa-Locka, Florida, police officer has urged the Eleventh Circuit to revive her gender and age discrimination suit against the city over her termination after she filed a complaint with the U.S. Equal Employment Opportunity Commission.

  • April 03, 2025

    5th Circ. Upholds Shriners' Firing Of Unvaxxed Workers

    The Fifth Circuit on Wednesday refused to revive a lawsuit accusing Shriners Hospitals for Children of wrongfully firing employees who refused to get vaccinated against COVID-19, shooting down terminated workers' contention that the hospital, acting for the government, violated their right to refuse a vaccine through a mandatory vaccination policy.

  • April 03, 2025

    Ex Jushi Exec Says Pot Co. Fired Him For Whistleblowing

    The former chief operating officer for Jushi Holdings Inc. is suing the cannabis company, saying he was wrongly terminated after working to ensure the company's facilities met safety and compliance standards.

  • April 03, 2025

    Echoing EEOC, Red State AGs Target Law Firms Over DEI

    A dozen Republican state attorneys general on Thursday urged 20 law firms to fork over information the U.S. Equal Employment Opportunity Commission requested last month about their workplace diversity practices, doubling down on the acting EEOC chair's claim that those practices may be unlawful.

  • April 03, 2025

    Law Firm Fights Ex-Paralegal's Anonymity Bid In Bias Suit

    A former paralegal at a Pennsylvania law firm made speculative and illogical arguments to take her identity away from her overtime and retaliation suit, the firm said Thursday, urging a federal court to keep her name known.

  • April 03, 2025

    DLA Piper Can't Escape Vax Refuser's Religious Bias Suit

    An Illinois federal judge rejected DLA Piper's bid to shut down a suit accusing the firm of firing a Christian worker for shirking its COVID-19 vaccine mandate, saying it was too early to tell if the firm offered him a reasonable accommodation.

  • April 03, 2025

    Jackson Walker Adds Chamberlain Hrdlicka Labor Duo In Texas

    Jackson Walker LLP has strengthened the firm's labor and employment offerings with a pair of lawyers in Houston who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.

Expert Analysis

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.