News & Analysis as of

Discrimination

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Cadwalader, Wickersham & Taft LLP

DOJ’s False Claims Act Message for the Year Ahead

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In 2025, the U.S. Department of Justice (“DOJ”) wielded the False Claims Act (“FCA”) to obtain the highest dollar value of settlements and judgments in the statute’s history: $6.8 billion....more

Vorys, Sater, Seymour and Pease LLP

Determining When to Investigate a Workplace Complaint

Vorys, Sater, Seymour and Pease LLP on

A workplace investigation is a structured process used by employers to gather facts, evaluate evidence, and determine whether an employee’s conduct or organizational practices violate internal policies and/or applicable laws....more

Akerman LLP

The Department of Justice’s Final Rule Eliminates Liability for Disparate Impact Discrimination Under Title VI

Akerman LLP on

On December 10, 2025, the Department of Justice (DOJ) issued a Final Rule rescinding portions of its Title VI regulations to conform more closely with the statutory text and to implement Executive Order 14281. In summary, the...more

McGuireWoods LLP

Higher Education 2025 in Focus: Lessons Learned and the 2026 Roadmap

McGuireWoods LLP on

Higher education saw rapid change in 2025, with institutions managing shifting regulations and guidance, financial pressures and evolving campus climate issues. This includes changes to Title IX, collegiate athletics,...more

Ballard Spahr LLP

CFPB and DOJ Withdraw Joint Statement On Consideration Of Immigration Status Under ECOA

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As previously reported, in October 2023 the CFPB and DOJ issued a joint statement regarding “the potential civil rights implications of a creditor’s consideration of an individual’s immigration status under the Equal Credit...more

Ropes & Gray LLP

[Podcast] Non-Financial Misconduct Miniseries: Episode 3 – Assessing Culture

Ropes & Gray LLP on

On this third episode of Ropes & Gray’s Non-Financial Misconduct Miniseries, Amanda Raad, co-leader of the firm’s crisis management and global risk practices, is once again joined by asset management partner Eve Ellis as well...more

Constangy, Brooks, Smith & Prophete, LLP

Five losing arguments: Race bias case will go to trial.

Constangy, Brooks, Smith & Prophete, LLP on

What is it with universities in "M" states these days? Last week, it was the University of Michigan. Now, it’s the University of Mississippi. A federal judge in Mississippi ruled recently that a race discrimination...more

Thompson Coburn LLP

DOJ Drops “Disparate-Impact” Liability from Title VI: What this Means for Institutions of Higher Education

Thompson Coburn LLP on

On December 10, 2025, the Department of Justice (“DOJ”) published a final rule amending its regulations implementing Title VI of the Civil Rights Act of 1964 (“Title VI”) to eliminate disparate-impact liability. DOJ published...more

DLA Piper

Redefining Workplace Performance: Should Optimism, Integrity, and Common Sense Be Used As Criteria?

DLA Piper on

In a decision dated 15 October 2025, the French Supreme Court (Cour de Cassation) had the opportunity to rule on the following question: can behavioural criteria be taken into account when assessing employee performance? ...more

DLA Piper

Be Global: Employment law in 5 - 5 developments to read for November in less than 5 minutes

DLA Piper on

The latest edition of our Recording working hours: A guide to employer obligations across the EU and the UK is now available, with information on developments across 26 jurisdictions....more

Wiley Rein LLP

Discrimination Exclusion Unambiguously Bars Coverage for Lawsuit Alleging a Racially-Motivated Campaign Interfered with Claimant’s...

Wiley Rein LLP on

The United States District Court for the Southern District of Florida, applying Florida law, has held that a discrimination exclusion barred coverage for a lawsuit against a city chamber of commerce for allegedly interfering...more

Thompson Coburn LLP

NYC City Council Overrides Mayoral Veto and Enacts Pay Equity Reporting Bill

Thompson Coburn LLP on

On December 4, 2025, the New York City Council overrode a veto by Mayor Eric Adams, 40-7, and enacted two bills, 982-A and 984-A, which together would require (i) private employers with more than 200 employees working in New...more

Carlton Fields

South Carolina Federal Court Grants Motion to Compel Arbitration of Claims Brought Under Unsigned Employment Agreement Per “Direct...

Carlton Fields on

In Singh v. Anesthesia Associates of Rock Hill, P.A., the U.S. District Court for the District of South Carolina addressed a motion by defendant Anesthesia Associates of Rock Hill, P.A. to compel arbitration of claims brought...more

Orrick, Herrington & Sutcliffe LLP

Senator Kennedy Releases Report on FDIC Workplace Reforms

Orrick, Herrington & Sutcliffe LLP on

On November 11, Senator John Kennedy (R-LA) released a report from the FDIC detailing recent efforts to confront the FDIC on its purported workplace misconduct and improve accountability within the agency. As previously...more

Ballard Spahr LLP

CFPB wants to eliminate disparate-impact claims under ECOA

Ballard Spahr LLP on

The CFPB has issued a proposed rule that would make substantial changes to Regulation B under the Equal Credit Opportunity Act (ECOA). In one of the most significant changes, the bureau has preliminary determined that...more

Bradley Arant Boult Cummings LLP

Regulation B Revisited: CFPB Proposes Amendments Addressing Disparate Impact, Discouragement, and Special Purpose Credit Programs

Bradley Arant Boult Cummings LLP on

On November 13, 2025, the Consumer Financial Protection Bureau (CFPB) released a Notice of Proposed Rulemaking (NPRM) amending Regulation B – the regulation implementing the Equal Credit Opportunity Act (ECOA)....more

Akerman LLP

No Investigation, More Litigation: The New EEOC Disparate Impact Dilemma for Employers

Akerman LLP on

From the employer’s perspective, the EEOC’s policy of closing charges that allege only disparate impact discrimination—without investigation—could significantly increase the risk of private litigation. The EEOC’s...more

Littler

New Year, New Employment Laws – What Takes Effect January 1, 2026?

Littler on

As the calendar turns to 2026, employers across the country face a fresh wave of labor and employment law changes that will reshape workplace compliance, employee rights, and business operations. From expanded protections for...more

Jackson Lewis P.C.

Texas’ Suspension of ‘Historically Underutilized Business’ Certifications Impacts State Contracting Processes

Jackson Lewis P.C. on

On Oct. 28, 2025, Acting Texas Comptroller Kelly Hancock announced that he was suspending certification of Historically Underutilized Businesses (HUBs) for state procurements pending a review of the program’s legal framework...more

NAVEX

What Are Compliance Risks? Risk Types, Areas & How to Manage

NAVEX on

Addressing the many compliance risk areas with a standardized taxonomy is critical for risk and compliance leaders for several reasons. First, defining compliance risks using the standardized Risk Categories and Risk Types...more

GeoDataVision

Regulatory Compliance: When Statistical Significance Fails

GeoDataVision on

In October 2021, the then Attorney General, Merrick Garland, announced the Combating Redlining Initiative (“CRI”) Shortly thereafter, federal banking regulators began a record-breaking number of referrals to the Department of...more

Orrick, Herrington & Sutcliffe LLP

CFPB terminates 2023 consent order against national bank

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On October 16, the CFPB terminated a 2023 consent order against a national bank, exercising its authority to end the order early after confirming the institution had “fulfilled certain obligations,” including paying the civil...more

Hahn Loeser & Parks LLP

Department of Transportation Issues New Rule Ushering in Major Changes for DBE Certification

Hahn Loeser & Parks LLP on

On October 3, 2025, the United States Department of Transportation (“DOT”) issued an interim final rule (“IFR”) that fundamentally modifies its Disadvantaged Business Enterprise (“DBE”) program based on its determination...more

FordHarrison

EntertainHR: What Love Island USA Teaches Us About Handling Discriminatory Language in the Workplace

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Two episodes into Season 7 of the Peacock dating series Love Island USA, contestant Yulissa Escobar was abruptly removed after podcast clips resurfaced of her using a racial slur....more

Littler

Littler Lightbulb – September Employment Appellate Roundup

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Ninth Circuit Affirms Summary Judgment for Fire Department in Claim for Failure to Grant Religious Exemption from Vaccine Mandate - In Petersen v. Snohomish Regional Fire and Rescue, 150 F.4th 1211 (9th Cir. Sept. 2,...more

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