Discrimination

  • March 27, 2025

    3M Says It's Settled Ex-Worker's Vaccine Retaliation Suit

    3M Co. has reached a settlement with a former employee who claimed she was canned from the company for refusing to comply with its COVID-19 vaccination policy, according to a Wednesday filing in Georgia federal court.

  • March 26, 2025

    IBM Can't Yet Ditch White Man's 'Reverse Discrimination' Suit

    A Michigan federal judge on Wednesday refused to throw out a white male consultant's suit alleging that IBM threatens to punish executives if they don't meet diversity goals, finding that, at least at this stage in the litigation, he's offered enough facts to support a "reverse discrimination" claim.

  • March 26, 2025

    Delta Must Face Ex-Worker's Disability Bias Suit At Trial

    A Tennessee federal judge said a jury needs to determine whether Delta failed to accommodate a former worker's disability by denying his request to use a stool on the job, stating there are too many disputes about whether safety regulations prevented the airline from providing the seating.

  • March 26, 2025

    EEOC Guidance Flags Affinity Groups As Potentially Risky

    The U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice's recent joint guidance on workplace diversity programs highlighted affinity groups — caucus groups of employees who share common traits or concerns — as measures that could be legally risky.

  • March 26, 2025

    Ex-IATSE Officer's Discipline Claims Over Porn Issue Survive

    A New Mexico federal court on Wednesday sustained some claims from a former vice president for an International Alliance of Theatrical Stage Employees affiliate who said he was wrongly disciplined after raising concerns about another officer's name appearing on porn websites, while dismissing other allegations under federal racketeering and state laws.

  • March 26, 2025

    Court Backs Pitt, UPMC In Firing Doctor Over DEI Article

    A former program director at the University of Pittsburgh School of Medicine failed to show that officials at the University of Pittsburgh Medical Center were acting in a state capacity when they removed him from overseeing a cardiac fellowship program over his criticism of diversity initiatives, a federal judge ruled Wednesday in dismissing his case.

  • March 26, 2025

    NJ Appeals Court Says Ruling Nixing Bias Suit Thin On Details

    A New Jersey appeals court revived on Wednesday a researcher coordinator's lawsuit claiming Rutgers Cancer Institute fired her for taking time off and asking for a private work area because of a tissue disorder, finding the trial court's explanation for kicking the case to arbitration was too sparse.

  • March 26, 2025

    Trump's DEI Firings Are Discriminatory, Fed Workers Claim

    Former federal workers asked an employment board Wednesday to reinstate them to jobs they lost because of President Donald Trump's executive orders shuttering all government diversity, equity and inclusion positions, stating the firings illegally targeted their assumed political beliefs and fell disproportionately hard on workers who weren't white men.

  • March 26, 2025

    DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order

    A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.

  • March 26, 2025

    Need For Individual Analyses Sinks Class Bid In Vax Bias Suit

    A group of former workers claiming they were unlawfully denied medical and religious exemptions from a Pittsburgh public transportation system's COVID-19 vaccination policy cannot proceed as a class, a Pennsylvania federal judge ruled, saying the case involved too many individual issues.

  • March 26, 2025

    Trump Admin Asks Justices To End 'Fiscal Micromanagement'

    The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.

  • March 25, 2025

    Diddy Producer's Atty Gets Warning For 'Shocking' Statement

    A New York federal judge threatened counsel for one of Sean "Diddy" Combs' former music producers with sanctions Monday for a pattern of false statements and inappropriate insults in civil sexual assault litigation, calling one statement in the attorney's court filings "not just disturbing, but shocking."

  • March 25, 2025

    Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact

    Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry. 

  • March 25, 2025

    11th Circ. Weighs Muldrow Ruling In ASU Gender Bias Case

    Alabama State University on Tuesday faced an Eleventh Circuit judge's question on whether its argument for reversing a gender discrimination win for the school's former softball coach holds up under the U.S. Supreme Court's Muldrow ruling for Title VII claims.

  • March 25, 2025

    Trans Military Ban Rests On 'Unconvincing' Proof, Judge Says

    A Washington federal judge hinted Tuesday he might block the Trump administration's ban on transgender troops later this week, expressing doubt that the U.S. Department of Defense has evidence to back its stance that gender dysphoria alone makes people unfit for military service.

  • March 25, 2025

    Office Depot Must Face Ex-Manager's Sex Bias Claims At Trial

    A New York federal judge said Tuesday that a jury needs to probe a former Office Depot manager's claims that her supervisor sexually harassed her and that she was fired for purportedly making up the allegations, finding enough fact disputes on the record to warrant a trial.

  • March 25, 2025

    Expedia, White Job Applicant End Race Bias Suit

    A white male job applicant agreed to drop his lawsuit claiming Expedia took back an offer for an executive-level position in favor of a Black woman because of the company's focus on diversity, according to a filing in Texas federal court.

  • March 25, 2025

    'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.

    A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.

  • March 25, 2025

    Con Ed To Enact Reforms To Settle NY AG's Bias Case

    New York utility provider Consolidated Edison Inc. will pay $750,000 and implement a series of workplace reforms to resolve an investigation that found it allowed widespread discrimination and harassment of female and nonwhite employees, state Attorney General Letitia James said Tuesday.

  • March 25, 2025

    Hershey Escapes Ex-Production Worker's Leave Bias Suit

    Hershey defeated a former production operator's lawsuit claiming he was fired for taking time off to assist his wife with fertility treatments, a Pennsylvania federal judge ruled, saying there was nothing wrong with an internal investigation that found he was misusing the leave he'd been given.

  • March 25, 2025

    NYPD Denied Vax Waiver To Detective, Suit Says

    A former New York City Police Department detective has filed a lawsuit against the department and city alleging he was effectively forced out after being denied a religious exemption for the COVID-19 vaccine.

  • March 25, 2025

    Jenner & Block Latest BigLaw Firm Targeted In Trump Order

    President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.

  • March 25, 2025

    2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

    The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.

  • March 25, 2025

    6th Circ. Won't Revive Fired Ky. Worker's Race Bias Case

    The Sixth Circuit backed a Kentucky state agency's win over a former juvenile justice department worker's suit claiming he was fired because he's Black, finding he couldn't overcome his former employer's explanation that he was let go for using excessive force on the job.

  • March 25, 2025

    Construction Co. Inks Deal To End EEOC's Diabetes Bias Suit

    A construction supply company has agreed to pay a former worker $150,000 to end a disability bias suit brought by the U.S. Equal Employment Opportunity Commission claiming he was sacked for taking snack breaks to manage his diabetes, according to a court filing.

Expert Analysis

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.