Discrimination

  • February 13, 2025

    DOD Says Injunction Isn't Needed In Transgender Ban Suit

    The U.S. Department of Defense has urged a D.C. federal judge to deny a preliminary injunction in a challenge to an executive order effectively barring transgender troops from serving in the military, saying the motion is premature and unlikely to succeed.

  • February 13, 2025

    Wash. Justices Wary Of Pay Transparency Law Stances

    Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.

  • February 13, 2025

    Dem AGs Urge Companies To Keep DEI Programs In Place

    A coalition of 16 Democratic state attorneys general told companies Thursday not to immediately scrap programs meant to promote diversity, equity and inclusion within their organizations, saying these initiatives are largely legal despite threats from President Donald Trump's administration.

  • February 13, 2025

    Judge Extends Restraining Order On USAID Gutting

    A D.C. federal judge extended his temporary restraining order barring USAID from placing thousands of employees on administrative leave for another week on Thursday, saying he needed more time to rule on the plaintiff employees unions' preliminary injunction request to stop the agency's overhaul while the case proceeds.

  • February 13, 2025

    4th Circ. Won't Revive Ex-Finance Co. Worker's Age Bias Suit

    The Fourth Circuit declined Thursday to revive a suit from a sales manager who claimed he was unlawfully fired from a financial services company after complaining about age bias, rejecting his argument that the lower court overlooked retaliatory moves by the business.

  • February 13, 2025

    Old Dominion Worker's Gender-Affirming Care Suit Dropped

    A transgender woman participating in an Old Dominion employee health plan agreed to drop her suit alleging she was wrongly denied gender-affirming care coverage for facial hair removal after a Washington federal judge dismissed the case in January, citing a settlement of the dispute.

  • February 13, 2025

    'Two Sexes' Order Sinks EEOC Suit Over Nonbinary Worker

    The U.S. Equal Employment Opportunity Commission asked a federal judge Thursday to dismiss its suit claiming a hotel operator unlawfully fired a nonbinary worker, pointing to President Donald Trump's executive order declaring that the government recognizes only two sexes.

  • February 13, 2025

    Tech Axed For Flagging Trans Worker's Harassment, Suit Says

    A live event audiovisual equipment provider blacklisted a female lighting technician because she complained that a transgender colleague had repeatedly sexually harassed her in the women's bathroom during a Trans-Siberian Orchestra tour, according to a lawsuit filed in Texas state court.

  • February 13, 2025

    Ga. Plant Boss Accused Of Trying To Bribe Opposing Counsel

    The director of a Georgia plastics manufacturing plant has been accused of offering to pay the attorney representing a brother and sister in a federal discrimination lawsuit in exchange for a quick settlement, with the siblings claiming the defendant's "assertions are tantamount to bribery and fraud."

  • February 13, 2025

    Amazon Worker's $1.6M Fee Bid Slashed In Military Bias Suit

    A Washington federal judge awarded an Amazon worker a fraction of the $1.6 million in attorney fees he requested in his recently settled suit claiming the company blocked him from promotions due to his military service, finding the outcome of the case didn't warrant an amount that high.

  • February 13, 2025

    Cargo Handling Co. Agrees To End EEOC Hearing Bias Suit

    An airline cargo handling services company will pay $70,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it unlawfully rejected a deaf job applicant based on outdated assumptions that he couldn't safely perform a warehouse job, according to Illinois federal court filings.

  • February 13, 2025

    6th Circ. Won't Revive Ex-Professor's Promotion Bias Suit

    The Sixth Circuit stood by a lower court's ruling against a Black former English professor at Delta College in her promotion bias suit, ruling that she failed to provide meaningful evidence that she was passed over for a promotion because of her race and her pro-unionization sentiments.

  • February 13, 2025

    Ex-DraftKings Engineer Wants Parental Leave Suit Kept In Play

    A former DraftKings engineer asked a Massachusetts federal court not to toss his suit accusing the company of firing him the day after he asked to take parental leave, saying he can benefit from a Massachusetts paid leave law despite living in Wisconsin.

  • February 12, 2025

    Calif. Panel Upends Bakery's Bias Suit Win Over Gay Wedding

    A California appeals court on Tuesday reversed a California bakery's trial court victory in a discrimination lawsuit challenging its refusal to sell a wedding cake to a lesbian couple, finding that a wedding cake design standard the bakery had leaned on was facially discriminatory.

  • February 12, 2025

    UPS Gets New Trial As Judge Voids Driver's Reduced Verdict

    A Washington federal judge who previously slashed a former UPS worker's employment case win from $238 million to $40 million granted the employer's bid for a new trial Wednesday, concluding that the plaintiff's counsel repeatedly shared inadmissible evidence with jurors.

  • February 12, 2025

    Trump's Trans Sports Ban Challenged In New Hampshire Suit

    President Donald Trump's executive order banning transgender individuals from competing in women's sports was hit with its first court challenge Wednesday, as two New Hampshire trans teenagers added the federal government to their lawsuit challenging a similar state-level policy.

  • February 12, 2025

    FCC Chief Says Comcast To Be Probed For Supporting DEI

    The FCC's new leader is going after Comcast and NBCUniversal for their efforts to be diverse and inclusive, revealing Wednesday that he had directed the agency to open an investigation into the pair of companies to ensure they aren't "promoting invidious forms of discrimination."

  • February 12, 2025

    11th Circ. Upholds Win For Smucker's In Worker's Bias Suit

    The Eleventh Circuit on Wednesday affirmed a ruling freeing J.M. Smucker Co. and Big Heart Pet Brands from a technician's suit alleging she was unfairly held to a higher standard at work and punished more severely in regard to policy violations because she is a Black woman.

  • February 12, 2025

    Calif. Captive Meeting Law Can't Be Enforced, Nonprofit Says

    A California law prohibiting so-called captive audience meetings infringes on an employer's First Amendment right to freely talk with workers about religious or political issues, a nonprofit focused on state policy argued in federal court, calling for a halt to the statute's enforcement.

  • February 12, 2025

    Jurisdiction Dooms Federal Russell Simmons Sex Assault Suit

    A Manhattan federal judge has dismissed a suit accusing music producer and Def Jam Recordings co-founder Russell Simmons of sexual assault, saying Simmons is now a permanent resident of Indonesia over whom the court has no jurisdiction, though the plaintiff plans to refile the claims in state court.

  • February 12, 2025

    Foley Hoag Must Face Bulk Of Worker's Bias, Wage Suit

    A New York federal judge largely denied Foley Hoag LLP's bid to partially escape a Moldovan former employee's lawsuit, saying Wednesday he put forward enough information to back up his claims that the firm discriminated against him because of his Russian heritage and disability.

  • February 12, 2025

    United Airlines Asks Texas Judge To Toss COVID Vaccine Suit

    United Airlines has asked a Texas federal judge to toss a "mass action" filed by roughly 700 current and former workers accusing the airline of discriminating against employees who resisted COVID-19 vaccination, saying most of the plaintiffs lack jurisdiction.

  • February 12, 2025

    Red Cross Can't Knock Out Vax Refuser's Religious Bias Suit

    A Michigan federal judge declined Wednesday to declare a victor in a suit from a Christian nurse who claimed the American Red Cross unlawfully fired her for rejecting its COVID-19 vaccine mandate, saying the case — which was recently revived by the Sixth Circuit — should go to a jury.

  • February 12, 2025

    Nike Asks 9th Circ. To Claw Back Workplace Harassment Docs

    A lawyer for Nike urged a Ninth Circuit panel on Wednesday to block an Oregon local newspaper from publishing workplace harassment questionnaires provided by plaintiffs' attorney in pay equity litigation against the athletic apparel giant.

  • February 12, 2025

    Trump Admin Says NIL Payments Don't Have To Follow Title IX

    The U.S. Department of Education on Wednesday rescinded a directive for name, image and likeness compensation for athletes to not discriminate against women under Title IX guidelines, calling the guidance enacted in the final days of the Biden administration "overly burdensome" and "profoundly unfair.''

Expert Analysis

  • 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.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • 5 Things For Private Employers To Do After Trump's DEI Order

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    Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.

  • Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs

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    Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny

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    The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.