Discrimination

  • January 16, 2025

    FedEx Return-To-Office Push Draws EEOC Disability Bias Suit

    The U.S. Equal Employment Opportunity Commission hit FedEx with a disability bias suit Thursday in New York federal court, claiming it pushed dispatchers to return from COVID-19 remote work assignments while ignoring concerns that their disabilities prevented them from working in office.

  • January 16, 2025

    Sole EEOC Republican Leads Surge In Commissioner Charges

    The U.S. Equal Employment Opportunity Commission's only Republican appointee — who observers expect to take over as the agency's chair — has demonstrated a willingness to lodge commissioner charges by dispatching nearly 40 in recent years, contributing to a general spike in these filings. 

  • January 16, 2025

    Law Prof Accuses Penn Of Race Bias Over Disciplinary Action

    A white Jewish law professor accused the University of Pennsylvania in federal court Thursday of harshly punishing her for making observations about Black student achievement while allowing other faculty members to get away with disparaging and threatening Jews and Israelis, in violation of federal law.

  • January 16, 2025

    Ex-MGM Worker Awarded $133K In COVID Vax Bias Suit

    A Michigan federal jury on Thursday awarded $133,000 to a fired MGM Grand Detroit warehouse worker who had alleged he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.

  • January 16, 2025

    Leon Black Rape Case Halted As Wigdor Faces Sanctions Bid

    A Manhattan federal judge froze discovery Thursday in a sexual assault case against ex-Apollo Global Management CEO Leon Black to allow him to file a sanctions motion against the Jane Doe plaintiff and Wigdor LLP, pointing to sealed documents.

  • January 16, 2025

    Christian Org. Fights EEOC Abortion, Gender Identity Regs

    A Christian business organization told the U.S. Equal Employment Opportunity Commission in a lawsuit filed in North Dakota federal court that the agency is forcing religious employers to choose between their convictions and complying with EEOC directives on workplace abortion accommodations and gender identity issues.

  • January 16, 2025

    County Can't Scuttle Religious Bias Suit Over Vax Exemptions

    A California county can't escape a lawsuit claiming it treated employees' religious exemptions from the COVID-19 vaccine differently from other employees' health exemptions, a federal judge ruled, though the court suggested the county's bid to decertify the class action may have legs.

  • January 16, 2025

    Abruzzo Memo Outlines How NLRA Overlaps With EEO Laws

    The National Labor Relations Board's lead prosecutor laid out guidance Thursday for instances in the workplace when the National Labor Relations Act and equal employment opportunity laws intersect, explaining how employers can tweak workplace rules and approach investigations to comply with these statutes.

  • January 16, 2025

    GoDaddy, Black Ex-Director To Resolve Bias Suit In Arbitration

    Web-hosting provider GoDaddy and a Black former director will head to arbitration to resolve his federal lawsuit in New Jersey alleging he was fired after complaining about race discrimination.

  • January 16, 2025

    Ogletree Hires Jackson Lewis Atty, Former NBA Counsel

    Ogletree Deakins Nash Smoak & Stewart PC has hired a former Jackson Lewis PC attorney, who also has experience working in-house for the National Basketball Association as an associate counsel, the firm announced Tuesday.

  • January 16, 2025

    DOL Says Workers Received Millions In Back Wages In FY24

    Workers got back millions of dollars in the last fiscal year while unlawfully employed minors received the protections they deserved after the U.S. Department of Labor stepped in, Solicitor of Labor Seema Nanda said in her office's last enforcement report before the new presidential administration takes office.

  • January 16, 2025

    Networking App, Ex-VP End Suit Alleging Maternity Leave Bias

    A former executive and a social networking app agreed to end her sex bias suit claiming she was fired for taking maternity leave after the company raised bogus concerns about her performance, according to a filing in New York federal court.

  • January 15, 2025

    Ruling On Fla. Gender Law Animus Is Flawed, 11th Circ. Told

    Florida urged an Eleventh Circuit panel on Wednesday to overturn an order declaring the state's ban on certain types of medical treatment for gender dysphoria unconstitutional, arguing the lower court wrongly used the condition as a proxy for transgender individuals in ruling that the prohibition was proof of discriminatory animus.

  • January 15, 2025

    Davis Wright Atty Says Firm Is Trying To Push Him Out

    An attorney employed by Davis Wright has launched a pro se employment discrimination lawsuit in Washington state court, accusing the firm of trying to "strong-arm" him into leaving after he reported what he described as misconduct by a partner and banishing him from its Seattle office when he threatened legal action.

  • January 15, 2025

    9th Circ. Eyes Undoing Trans Patients' Win In ACA Bias Suit

    The Ninth Circuit seemed inclined Wednesday to strike down a trial court win for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, with two judges questioning why those employers weren't part of the case. 

  • January 15, 2025

    Paralegal's Suit Claiming City Sabotaged Benefits Falls Short

    A federal judge tossed a former paralegal's suit claiming a Colorado city attempted to sabotage her unemployment benefits after a dustup over a disability accommodation caused her to lose her job, ruling that her allegations weren't properly pled under the laws she invoked.

  • January 15, 2025

    Supervisor Can't Exit Remote Ex-Worker's Gay Bias Suit

    A federal judge declined to cut a supervisor from a former software company worker's suit claiming he was fired after his boss found out he is gay, stating the Arizona-based supervisor can still be sued in Michigan even though he managed the ex-employee remotely.

  • January 15, 2025

    Maine Chamber, Shipyard Challenge State Paid Leave Rule

    The Maine State Chamber of Commerce and U.S. shipyard Bath Iron Works told a state court that certain provisions of the rule for the state medical leave program are illegal, arguing that employers will shell out conspicuous amounts into a fund they won't use.

  • January 15, 2025

    10th Circ. Upholds USPS Win Over Ex-Carrier's Bias Suit

    The Tenth Circuit refused Wednesday to revive a former mail carrier's lawsuit alleging the U.S. Postal Service changed his route and ultimately fired him because he's Hispanic, ruling he hadn't demonstrated that the Postal Service overreacted by terminating him after an altercation with his boss.

  • January 15, 2025

    Poultry Co. Cuts Deal To End Black Ex-Worker's Bias Suit

    A major poultry processor agreed to settle a Black former employee's suit claiming he was targeted for punishment after complaining that a nonwhite worker received a harsher penalty than a white worker for the same safety violation, according to a docket entry in North Carolina federal court.

  • January 15, 2025

    Boston Lawyers Accused Of Bungling Exec's Bias Claim

    A former executive at roofing manufacturer GAF Materials is accusing her former lawyers of mishandling a potential age and gender discrimination case by failing to meet a key procedural deadline, according to a lawsuit filed in Massachusetts state court.

  • January 15, 2025

    Trump Chooses Former DOL Official As Its Deputy Secretary

    President-elect Donald Trump said late Tuesday he plans to nominate former EEOC Commissioner and Department of Labor official Keith Sonderling for deputy labor secretary, the second-in-command at the DOL.

  • January 14, 2025

    'Not Afraid Of Question Presented,' Atty Tells Irked Justices

    As the U.S. Supreme Court on Tuesday analyzed judicial powers to reopen dismissed cases, a Halliburton attorney sought to steer oral arguments toward questions the high court hadn't agreed to address, testing some justices' patience and eventually prompting the attorney to insist he wasn't "afraid of the question presented."

  • January 14, 2025

    Mastercard Agrees To $26M Deal In Hiring Bias Suit

    Mastercard Inc. has agreed to shell out $26 million and change its hiring practices to put to rest a proposed class and collective action alleging sex, gender, race and ethnicity-based employment discrimination, according to a motion filed Tuesday, the same day the workers sued in New York federal court.

  • January 14, 2025

    4 Tips For Using Wearable Tech Following EEOC Guidance

    The U.S. Equal Employment Opportunity Commission recently issued guidance cautioning employers about legal risks that come with requiring workers to wear or carry devices that collect sensitive data, a road map that experts say can be useful for businesses as workplaces expand their reliance on technology. Here, management-side experts discuss four tips about deploying wearable technology now that the EEOC has weighed in.

Expert Analysis

  • Ring In The New Year With An Updated Employee Handbook

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.