News & Analysis as of August 15, 2025

Race Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Whistleblowing Job Applicants, Discrimination Outside Employment, and Liability for HR Consultants, Plus a News Roundup - UK HR...

BCLP on 5/29/2025

Our employment law update for May covers a new EAT case on whether job applicants can bring whistleblowing claims, whether a blatant racial insult falls outside the scope of the Equality Act 2010 because it was not made “in...more

Four Top Law Firms Sign Settlement with EEOC on DEI

DCI Consulting on 4/15/2025

On Friday, April 11, 2025, the Equal Employment Opportunity Commission (EEOC) issued an announcement that they have settled with four “BigLaw” firms over diversity, equity, and inclusion (DEI) practices. The settlement, which...more

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

Fisher Phillips on 3/28/2025

A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Portions of DEI Executive Orders Blocked by Federal Judge

Carlton Fields on 2/26/2025

President Trump’s executive orders have spurred a slew of litigation, including a lawsuit challenging two orders that focus on diversity, equity, and inclusion (DEI) practices in the federal government and federally funded...more

Court Enjoins Bulk of President Trump’s DEI Executive Order, Democratic State AGs Offer Guidance on ‘Lawful’ Practices

Ballard Spahr LLP on 2/25/2025

Reverberations from the Trump administration’s recent executive order (EO) denouncing diversity, equity, and inclusion (DEI) practices intensified Friday when a federal judge in Baltimore issued a nationwide preliminary...more

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

Fisher Phillips on 2/17/2025

A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

TKO Construction Services to Pay $300,000 to Settle EEOC Sex, Race and Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 1/16/2025

Federal Agency Charged Employee Was Forced to Resign After She Was Told to Not Hire Women, Blacks and Older Workers for Construction Industry Jobs - MINNEAPOLIS – TKO Construction Services, a staffing company that provides...more

Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/16/2024

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v....more

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

Shook, Hardy & Bacon L.L.P. on 9/24/2024

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

Seyfarth Shaw LLP on 9/17/2024

Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

Seyfarth Shaw LLP on 9/12/2024

Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there...more

Littler Lightbulb: July Appellate Roundup

Littler on 8/5/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on 7/23/2024

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

EEOC Sues Sheetz, Inc. For Racially Discriminatory Hiring Practice

U.S. Equal Employment Opportunity Commission... on 4/19/2024

Federal Agency Charges That Employer's Criminal History Screening Causes Discriminatory Impact Against Black, Native American and Other Workers- BALTIMORE – Sheetz, a large convenience store chain, violated federal law by...more

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

Seyfarth Shaw LLP on 4/10/2024

The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive...

Seyfarth Shaw LLP on 3/21/2024

Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more

Staffing Agency Employee Considered a School District Employee for Title VII Claim

Tucker Arensberg, P.C. on 3/14/2024

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

The Burr Broadcast: EEOC Strategic Enforcement Plan

Burr & Forman on 2/15/2024

In this episode of The Burr Broadcast, Labor and Employment attorney Savannah McCabe discusses the newly released Strategic Enforcement Plan and its impact on employers....more

Groff v. DeJoy and Its Impact on Religious Accommodation

Spilman Thomas & Battle, PLLC on 12/27/2023

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Federal Appeals Court Expands Employee Retaliation Options: 3 Steps Employers Can Take to Prepare

Fisher Phillips on 11/20/2023

A federal appeals court recently expanded the set of options available to employees who bring retaliation claims against their employers or former employers. This major workplace discrimination decision from the 11th Circuit...more

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

Carlton Fields on 10/18/2023

In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

Couple’s discrimination and retaliation case against Colorado Supreme Court dismissed

McAfee & Taft on 8/4/2023

Judges and courts enforce anti-discrimination and retaliation laws, but are they ever accused of violating those laws themselves? That is exactly what was alleged in a recent Tenth Circuit case that offers helpful takeaways...more

Concerns About Corporate DEI Are Real in the Post Harvard/UNC World

CDF Labor Law LLP on 7/12/2023

In 2021, in Duvall v. Novant Health, a North Carolina jury awarded a former white Novant Health executive over $3 million dollars in actual damages based on race discrimination allegations centering around assertions that...more

[Webinar] Post-SFFA Briefing: Risks and Strategies for Corporations after the Supreme Court’s Decision in Students for Fair...

Jenner & Block on 7/10/2023

Please join us for a briefing on the US Supreme Court’s decision in Students for Fair Admissions v. Harvard (SFFA). In this webinar, Partners Ishan K. Bhabha and Lauren J. Hartz and Special Counsel Marcus A.R. Childress will...more

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on 3/14/2023

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

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Hiring & Firing › Employment Litigation › Race Discrimination

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