Discrimination

  • March 21, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The U.S. Equal Employment Opportunity Commission and the Justice Department issued joint guidance on spotting potentially unlawful diversity, equity and inclusion practices, the EEOC's acting chair demanded DEI information from 20 law firms, and President Donald Trump said he'd rescind an executive order that targeted Paul Weiss. Here's a rundown of the past week's DEI-related legal developments. 

  • March 21, 2025

    Stifel Ends Sex Harassment Suit That Went Up To 2nd Circ.

    Stifel Nicolaus & Co. has resolved a lawsuit from a banker who alleged her supervisor made sexual comments and touched her inappropriately, about six months after the Second Circuit found a law barring the mandatory arbitration of sexual harassment claims shielded her case.

  • March 21, 2025

    Ex-Jefferies Employee Says Age Bias Led To Termination

    Investment bank Jefferies LLC has been sued by a former assistant vice president who alleged he was fired under the pretext of working from home too much and that he was actually a victim of age discrimination.

  • March 21, 2025

    How King & Spalding Helped LGBTQ+ Vets Win Back Benefits

    More than a decade after the U.S. Department of Defense repealed its "don't ask, don't tell" policy, which kept LGBTQ+ troops in the closet, veterans who were kicked out for their sexual orientation have continued to suffer the effects of a scarlet letter placed on their discharge papers.

  • March 21, 2025

    Calif. Civil Rights Agency Advances Workplace AI Regulations

    California's civil rights agency voted Friday to finalize employment regulations governing the use of artificial intelligence tools, ending a monthslong process that included multiple rounds of public comment.

  • March 21, 2025

    1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts

    The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.

  • March 21, 2025

    Black Ex-Manager Hits Lowe's With Racial Bias Claims In NC

    A Black former manager at Lowes Companies Inc. has said that she was fired because of her race and that before her termination she was treated differently from white colleagues by her supervisor to the point that she was not given resources necessary to do her job.

  • March 21, 2025

    MGM Says Atty Fees Shouldn't Be Triple Mich. Worker's Award

    MGM Grand Casino said attorneys for a fired employee cannot recoup more than three times the $133,000 a Michigan federal jury awarded him earlier this year in his lawsuit alleging he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.

  • March 21, 2025

    Harvard Grad Eyes New Complaint In Antisemitism Suit

    A former student on Thursday accused Harvard University of using "litigation tactics" to thwart an amended complaint in a suit over the Ivy League school's handling of antisemitic incidents on campus, after the school settled with some of the plaintiffs in the case.

  • March 21, 2025

    Religious Groups Say Reproductive Health Law Hinders Hiring

    A Catholic diocese and anti-abortion pregnancy center claim a new Illinois law impedes religious employers' ability to hire people aligned with their missions, urging a federal court to halt the law, which prohibits employers from discriminating against workers because of their reproductive health decisions.

  • March 21, 2025

    Pa. Attorney's Discovery Dispute Leads To Sanction Threat

    A plaintiffs attorney's discovery demands and insistence that a defendant follow his firm's "mandatory" electronic discovery procedures have led a Pennsylvania federal judge to threaten sanctions over the lawyer's alleged failure to try to resolve disputes in good faith, according to court filings in a pregnancy-discrimination case.

  • March 21, 2025

    NY Forecast: NFL Arbitration Bid In Race Bias Suit At 2nd Circ.

    This week, the Second Circuit will hear the National Football League's appeal of a lower court decision partially denying its bid to send former Miami Dolphins head coach Brian Flores' racial bias suit to arbitration.

  • March 21, 2025

    4 Employer Takeaways From Google's $28M Pay Bias Pact

    A $28 million settlement in a suit accusing Google of violating California law by paying white and Asian workers better than some nonwhite colleagues should serve as a "wake-up call" for employers in the state, experts say. Here, experts who spoke to Law360 lay out four takeaways for employers.

  • March 21, 2025

    Calif. Forecast: Car Dealership Challenges NLRB Structure

    In the coming week, attorneys should keep an eye out for a ruling on a car dealership's attempt to halt National Labor Relations Board proceedings based on an argument that the board's structure is unconstitutional. Here's a look at that case and other labor and employment matters coming up in California.

  • March 21, 2025

    Lilly, Christian Worker Settle Bias Suit Over Bible Verse Posts

    Eli Lilly & Co. and a former sales representative told a New Jersey federal court Friday that they have resolved the ex-worker's religious bias suit alleging he was unlawfully fired after posting Bible verses to an internal message board that called homosexuality an "abomination."

  • March 21, 2025

    Teamsters Unit Wants Out Of Black UPS Worker's Bias Suit

    A Black UPS employee's claims against a Teamsters unit should be tossed, the union told a Mississippi federal court, saying that he cannot show the union treated him unfairly and that it cannot be held responsible for interfering with his medical leave rights.

  • March 20, 2025

    Trump Rescinds Paul Weiss Order After Firm Strikes Deal

    President Donald Trump on Thursday announced he will rescind an executive order suspending security clearances held by Paul Weiss Rifkind Wharton & Garrison LLP employees after the law firm agreed to not adopt DEI hiring practices and to provide $40 million worth of pro bono services to support administration initiatives.

  • March 20, 2025

    'Epic Self-Own': Lively Says Baldoni Libel Suit Hikes Damages

    Blake Lively urged a New York federal judge on Thursday to toss Justin Baldoni's claims that she defamed him with sexual harassment allegations, saying the law prohibits such retaliatory libel suits and that he has committed an "epic self-own" that will put him on the hook for additional damages.

  • March 20, 2025

    CBS Nixes Bias Suit From Black Worker Fired Over Vacation

    A New York appellate court tossed on Thursday a Black CBS worker's state law claims that she was fired for being late to work out of race and sex bias, finding the allegations too similar to claims tossed by a federal judge who faulted her for returning late from an unauthorized vacation.

  • March 20, 2025

    Mortgage Co. Denied Legal Fees In EEOC Suit

    A Washington federal judge has rejected mortgage and financial services company Covius Services LLC's bid for attorney fees after it defeated an Equal Employment Opportunity Commission employment suit alleging that it unlawfully refused to hire a woman because she took pain medication, saying the mortgage company had not shown that the suit was ill-conceived.

  • March 20, 2025

    4th Circ. Skeptical Of Ex-Fire Captain's Free Speech Suit

    A former Lynchburg, Virginia, fire captain faced an uphill battle Thursday to persuade a Fourth Circuit panel to revive his suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, with one judge saying his posts created an "appalling situation."

  • March 20, 2025

    4th Circ. Seems Open To Reviving Pregnant Worker's Bias Suit

    The Fourth Circuit seemed receptive Thursday to a former hospital worker's argument that she was unlawfully fired for a pregnancy-related disability, pondering whether the lower court had relied on an outdated interpretation of disability bias law when it tossed her case.

  • March 20, 2025

    5th Circ. Says Shell Worker's Religious Bias Suit Lacking

    The Fifth Circuit upheld a Shell subsidiary's win over a former offshore worker's suit claiming he was unlawfully denied a religious exemption from the company's COVID-19 vaccination mandate, saying he hadn't alleged the type of adverse action required for a bias case.

  • March 20, 2025

    7th Circ. Backs Chicago Rail In Canine Officer's ADA Suit

    The Seventh Circuit said Thursday it won't revive a Chicago rail officer's suit claiming he was removed from his canine handler role after testing positive for drugs he had been prescribed, faulting him for failing to respond to the agency's requests to clarify the results.

  • March 20, 2025

    Ex-Harvard Coach's Bias Suit Filed On Time, Judge Advises

    Harvard University shouldn't escape a former ice hockey coach's suit alleging she was forced into retirement for complaining that she was treated differently from her male colleagues, a Massachusetts federal judge recommended, saying her claims were filed within the statutory time limits.

Expert Analysis

  • 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.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.