Discrimination

  • May 19, 2025

    5th Circ. Tosses FCC Workplace Diversity Reporting Rule

    The Fifth Circuit on Monday threw out a Federal Communications Commission rule that required TV and radio broadcasters to disclose employment diversity data to the FCC.

  • May 19, 2025

    7th Circ. Won't Reopen Male Ex-School Director's Bias Suit

    The Seventh Circuit refused to upend a private school's win over a lawsuit alleging it unlawfully terminated an administrator and replaced him with a woman, saying he couldn't overcome the school's explanation that he was let go for breaching his boss's trust.

  • May 19, 2025

    Ex-CTA Worker Can Take Vaccine Bias Claim To Trial

    An ex-Chicago Transit Authority employee fired after refusing COVID-19 vaccination can take his religious discrimination claim to a jury this summer after an Illinois federal judge grilled the agency Monday on its assertion that the plaintiff didn't seek an exemption for sincerely held religious beliefs and rejected its argument that he was "cherry-picking" Catholic doctrine.

  • May 19, 2025

    DOJ To Probe Whether Chicago's Hiring Is Too Pro-Black

    The head of the U.S. Department of Justice' civil rights arm said Monday she greenlighted an investigation into whether Chicago is unlawfully favoring Black workers in hiring, a day after the city's Democratic mayor touted the number of Black staffers in his administration.

  • May 19, 2025

    Ex-CEO Accuses Omnicom Of Gender, Age Bias In Pay Suit

    Omnicom paid the CEO of one of its agencies less than her male counterparts and fired her under the pretext of a restructuring when she complained, the former executive told a Texas federal court, alleging the marketing and communications firm discriminated against her because she's a woman in her 60s.

  • May 19, 2025

    Subway Supervisor Sexually Assaulted Worker, EEOC Says

    A young employee of a Subway franchise was sexually harassed and eventually assaulted by an older supervisor, the U.S. Equal Employment Opportunity Commission claimed in a new lawsuit filed in Utah federal court, faulting the franchisee for failing to enact proper safeguards to halt abuse.

  • May 19, 2025

    Atty Says Texas Firm Fired Her For Taking Protected Leave

    A former associate at a prominent Texas personal injury firm who claims she was fired after she took medical leave for a disabling eye condition and bereavement leave upon her mother's death has brought a disability discrimination suit against the firm and associated entities in federal court in Houston.

  • May 19, 2025

    Ex-Staffer Fights NJ Law Firm Blume Forte's Arbitration Bid

    A former staff member who is suing personal injury law firm Blume Forte Fried Zerres & Molinari PC, alleging disability discrimination, is disputing an assertion that she signed a valid arbitration agreement with the firm, arguing that any such agreement is unenforceable in New Jersey state court.

  • May 19, 2025

    Hanson Bridgett Expands To Fresno With Ex-Littler Leader

    California firm Hanson Bridgett LLP has brought on a former office managing shareholder for employment firm Littler Mendelson PC — Hanson Bridgett's first attorney in Fresno, where it plans to open its seventh office this year.

  • May 19, 2025

    That's What The Money Is For: Pay Lessons From 'Mad Men'

    "Mad Men," the dramatic AMC television series about a 1960s-era advertising agency, offers lessons on a host of employment law issues for today's workforce, such as how to manage pay for superstar employees who go on extended leave and what not to do when it comes to paying men and women equally. Here, to accompany the 10th anniversary this month of the show's final episode, Law360 conducts a compliance audit of the storied Sterling Cooper.

  • 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.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.