Discrimination

  • May 19, 2025

    5th Circ. Affirms Masculinity Gibe Can't Sustain Gay Bias Suit

    The Fifth Circuit backed a hospice company's win over a former nurse who said a supervisor failed to take action when a colleague insulted him for being gay, saying the coworker's offensive comment wasn't enough to sustain a bias case.

  • May 19, 2025

    Ex-Litigator Settles Disability Bias Suit Against Wilson Elser

    A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.

  • May 19, 2025

    Law Students Say 'Thousands' At Risk From EEOC Data Probe

    Three law students who sued last month to challenge the U.S. Equal Employment Opportunity Commission's requests for law firms' diversity data are looking to expand their case to represent a class of thousands of attorneys whose personal information might be swept up by the agency.

  • May 19, 2025

    'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit

    Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.

  • May 19, 2025

    Justices Won't Hear White Ga. Coach's Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision that ended a white Georgia high school football coach's claims that Black school board members declined to renew his contract on account of his race.

  • May 16, 2025

    Workday Hiring Bias Suit Wins Collective Status

    A California federal judge on Friday agreed to certify a collective action of job applicants over 40 who claim they were illegally steered away from jobs by a Workday hiring tool, finding that whether Workday discriminated on the basis of age is a question that "cuts across" the collective.

  • May 16, 2025

    5th Circ. Revives ADA Suit Over 6-Month Wait For Service Dog

    The Fifth Circuit on Friday breathed new life into a U.S. Army veteran's lawsuit claiming a Texas school district slow-walked her request for a service dog at work, ruling her allegations were detailed enough to suggest the delay may have violated federal disability law.

  • May 16, 2025

    NY Forecast: 2nd Circ. Hears Court Interpreters Bias Case

    This week, the Second Circuit will consider an appeal of a federal judge's decision dismissing a discrimination lawsuit brought by New York court interpreters who claim they are systematically paid less than a federal benchmark because they are foreign born.  Here, Law360 looks at this and other cases on the docket in New York.

  • May 16, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Harvard University assured the Trump administration that it doesn't use race- or ethnicity-based quotas in hiring, a law firm pipeline program was accused of disadvantaging white applicants, and Indiana's attorney general demanded that the University of Notre Dame answer questions about its efforts to diversify its faculty. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • May 16, 2025

    9th Circ. Won't Reopen Ex-Police Officer's Religious Bias Suit

    The Ninth Circuit refused to revive a former police officer's lawsuit claiming an Arizona town fired him because it believed he was a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, saying his allegations weren't detailed enough to stay in court.

  • May 16, 2025

    Culver's Franchise To Pay $261K To Settle EEOC Suits

    A Culver's franchise will pay $261,000 to end a pair of U.S. Equal Employment Opportunity Commission lawsuits alleging it ignored sexist, racist and ableist harassment, according to Minnesota federal court papers filed Friday.

  • May 16, 2025

    Trucking Co. Worker Says Tobacco Surcharge Violates ERISA

    An employee of Marten Transport Ltd. is suing the trucking company in Wisconsin federal court, alleging that a tobacco surcharge in its health plan violates federal antidiscrimination law.

  • May 16, 2025

    Calif. Forecast: State Justices To Hear Arbitration Fee Dispute

    In the coming two weeks, attorneys should keep an eye out for oral arguments at the California Supreme Court regarding whether federal law preempts state statutes involving arbitration fees. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • May 16, 2025

    UPS Strikes Deal To End EEOC Sex Harassment Probe

    UPS will pay $10,000 to resolve a U.S. Equal Employment Opportunity Commission investigation into allegations that the company failed to deal with sexual harassment and denied a promotion to a worker because of their sex.

  • May 16, 2025

    EEOC's Take On Trans Rights Conflicts With Law, Judge Says

    The U.S. Equal Employment Opportunity Commission exceeded its authority when it laid out its worker-friendly take on the U.S. Supreme Court's Bostock opinion, a Texas federal judge found, striking down parts of agency anti-harassment guidance that interpreted the landmark ruling's implications for gay and transgender workers.

  • May 15, 2025

    Harvard Alum Drops Antisemitism Suit Over Campus Incidents

    A former Harvard University student has voluntarily dismissed his suit over the Ivy League school's handling of antisemitic incidents on campus, according to a stipulation of dismissal filed Thursday in Massachusetts federal court.

  • May 15, 2025

    'It Ends With Us' Producers Must Hand Over Net Worth Docs

    Justin Baldoni and other producers of "It Ends With Us" must turn over to Blake Lively financial records showing their net worth in the legal battle between the film's stars, a New York federal judge has ruled, saying the information is fair game since Baldoni's side claims to have lost $400 million due to Lively's alleged smear campaign.

  • May 15, 2025

    SEC Cuts $512K Deal To End Atty's Racial Bias Suit

    The U.S. Securities and Exchange Commission has agreed to pay $512,500 to end a former commission lawyer's discrimination claims alleging she was denied a promotion due to her race and age, according to court documents filed in Pennsylvania federal court on Thursday.

  • May 15, 2025

    3 Things To Know As Minneapolis Overhauls Its Anti-Bias Law

    Minneapolis lawmakers recently approved a sweeping revamp of the city's civil rights statute, bolstering safeguards for workers with criminal histories, prohibiting discrimination based on body size and making a slew of other revisions that expand legal pathways for workers to challenge bias. Here are three things employers and workers should know before those changes kick in this summer.

  • May 15, 2025

    4th Circ. Says DEA Worker's Own Behavior Dooms Bias Suit

    The Fourth Circuit on Thursday backed the dismissal of a white Drug Enforcement Administration supervisor's suit claiming that her Black bosses discriminated and retaliated against her for complaining that they showed favoritism toward Black workers, saying her own poor leadership was to blame for her reassignment and suspension.

  • May 15, 2025

    Colo. Chief Sacked Firefighters Behind Union Drive, Suit Says

    Two former captains and a statewide union sued a Southwest Colorado fire district and its chief Thursday for allegedly stopping a union campaign in its tracks by retaliating against organizers, claiming the chief fired the captains after they organized a vote showing nearly three-quarters of workers backed unionization.

  • May 15, 2025

    7th Circ. Doubts Officers' Vaccine Reporting Exemption Claim

    A Seventh Circuit panel seemed skeptical Thursday that a group of COVID-19 vaccine-exempt police officers in Chicago should be allowed to pursue religious discrimination claims targeting the suspensions and other adverse actions they faced for not reporting their vaccination status in the city's data portal. 

  • May 15, 2025

    Wells Fargo Opposes Atty Fee Bid After $22M ADA Verdict

    Wells Fargo said it is "vigorously" contesting an attorney's request for at least $1.4 million in fees after winning a $22.1 million verdict in an Americans with Disabilities Act case against the bank, telling the court the request to double the lodestar amount is unsupported.

  • May 15, 2025

    Colorado Hog Farm Inks Deal In EEOC Sex Harassment Suit

    A Colorado hog farm has agreed to pay $330,000 to close a U.S. Equal Employment Opportunity Commission suit claiming it failed to take action when female workers complained that male managers propositioned them for sex and walked in on them changing.

  • May 15, 2025

    Plaintiff's 'Total Victory' Forces End To Southwest Bias Suit

    A Texas federal judge intends to issue a final judgment in a nonprofit's suit challenging an award program for Hispanic employees of Southwest Airlines Co., saying the "obstinate plaintiff" has already achieved total victory in the suit.

Expert Analysis

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.