Discrimination
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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April 03, 2025
6 Argument Sessions Bias Attys Should Watch In April
A trio of age bias cases will be argued at federal appeals courts in April, as the Fifth, Sixth and Seventh circuits are scheduled to hear from a geologist, a Chili's restaurant general manager and a United Airlines worker who say they were pushed out of jobs because they're over 40 years old. Here's a look at these and three other argument sessions that attorneys should watch this month.
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April 03, 2025
Harvard Says Judge Ignored Time Limits In Coach's Bias Suit
A Massachusetts federal judge got it wrong when she recommended keeping in play a former ice hockey coach's sex bias lawsuit, Harvard University said, arguing that the judge's findings that the statute of limitations could be extended essentially allow limitless Equal Pay Act claims.
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April 03, 2025
Ally Bank, White Ex-Worker End Suit Alleging Illegal Quotas
Ally Bank and a white, male former employee have agreed to end his discrimination suit alleging he was passed over for a senior role in favor of a woman with less experience so the company could check off diversity quotas, according to a North Carolina federal court filing.
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April 02, 2025
Perkins Coie Urges Court To End Trump's 'Assault' On Firm
Perkins Coie LLP on Wednesday asked a D.C. federal judge to permanently block enforcement of President Donald Trump's "unconstitutional assault" on the firm and the rule of law, filing a summary judgment bid the same day the federal government pushed for the firm's suit to be tossed.
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April 02, 2025
6th Circ. Says Jury Form Issues Don't Merit New Pay Bias Trial
A lower court didn't err by accepting a jury's finding that a Tennessee school board gave a legitimate reason for offering a female school psychologist lower pay than a previous male candidate, the Sixth Circuit ruled Wednesday, saying inconsistencies on the verdict form didn't warrant a new trial.
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April 02, 2025
Retired Calif. Judges Unlikely To Revive Age Bias Suit
A California appellate court tentatively ruled against seven retired California state court judges accusing California's Judicial Council of age discrimination due to rules limiting the time retired judges can spend on temporary assignments, saying plaintiffs haven't shown a statistically significant impact to judges over 70, among other concerns.
Expert Analysis
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Determining What 'I Don't Feel Safe' Means In The Workplace
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.
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How EEOC Enforcement Priorities May Change Under Trump
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.
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Handbook Hot Topics: Back To Basics After Admin Change
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.
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What Axed Title IX Gender Identity Rule Means For Higher Ed
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.
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A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts
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.
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Workforce Data Collection Considerations After DEI Order
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.
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How DOGE's Severance Plan May Affect Federal Employees
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.
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Rethinking 'No Comment' For Clients Facing Public Crises
“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.
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10 Issues To Watch In Aerospace And Defense Contracting
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.
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Undoing An American Ideal Of Fairness
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.
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Employer Tips For Wise Use Of Workers' Biometrics And Tech
Excerpt from Practical Guidance
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.
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Unprecedented Firings And The EEOC's Shifting Agenda
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.
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What Trump Admin's Anti-DEI Push Means For FCA Claims
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.