Discrimination

  • April 03, 2026

    11th Circ. Says Waffle House Isn't Liable For Patron's Stabbing

    The Eleventh Circuit ruled Friday that Waffle House is not liable for injuries caused by an off-duty employee who stabbed an argumentative customer with a waffle pick, finding a reasonable jury could not conclude that the worker was acting within the scope of his employment.

  • April 03, 2026

    Delta Pay Range Suit Goes Back To Wash. State Court

    A Delta Air Lines Inc. job applicant's proposed class action accusing the carrier of failing to include required pay information on job postings will return to Washington state court after a Seattle federal judge ruled Friday that the plaintiff didn't suffer the type of concrete harm necessary to have federal standing.

  • April 03, 2026

    Georgetown Beats Ex-Worker's Bias Suit Over Online Posts

    Georgetown University defeated a suit claiming it unlawfully fired a Black, Muslim administrator because of years-old social media posts she made disparaging Jewish activists, with a D.C. federal judge ruling she hadn't shown she was terminated for her background rather than inflammatory online comments.

  • April 03, 2026

    FedEx Inks $280K Deal To End EEOC Remote Work Bias Suit

    FedEx has agreed to pay $280,000 to close a suit from the U.S. Equal Employment Opportunity Commission claiming it required dispatchers to return to in-person work following the COVID-19 pandemic even if they had disabilities that required remote work assignments.

  • April 03, 2026

    2nd Circ. Backs Smith & Nephew In Paternity Leave Bias Suit

    The Second Circuit upheld the dismissal of a former Smith & Nephew worker's suit claiming he was fired from the medical device company for requesting paternity leave, stating he failed to overcome evidence that he was actually terminated over concerns about his performance.

  • April 03, 2026

    Law360 Announces The Members Of Its 2026 Editorial Boards

    Law360 is pleased to announce the formation of its 2026 Editorial Advisory Boards.

  • April 03, 2026

    Calif. Forecast: Apple Seeks Toss Of Expert In OT Suit

    In the next week, attorneys should keep an eye out for a hearing on whether to exclude expert testimony in an overtime class action against Apple. Here's a look at that case and other labor and employment matters coming up in California.

  • April 03, 2026

    NYC Fights Sanctions Over Discovery In IVF Sex Bias Dispute

    New York City urged a federal judge to reject a gay couple's sanctions bid in their suit claiming a municipal health plan blocked them from receiving in vitro fertilization coverage out of discrimination, calling their concerns with the city's sluggish discovery production in the case premature.

  • April 03, 2026

    5th Circ. Won't Revive Former Houston Employee's Bias Suit

    The Fifth Circuit backed Houston's win over a former administrative specialist's lawsuit claiming it barred her husband from dropping her off close to work despite her physical disabilities, finding the city's actions were prompted by her refusal to comply with security procedures rather than bias.

  • April 03, 2026

    5 Argument Sessions Bias Attys Should Watch In April

    The Ninth Circuit will hear arguments in a stack of employment discrimination cases this month, including disputes addressing vaccine mandates, arbitration rules and workplace diversity programs, while the Second Circuit will tackle a high-profile sexual assault case against Fox News. Here, Law360 looks at five oral arguments that discrimination attorneys should keep tabs on in April.

  • April 03, 2026

    NY Forecast: Jeweler Moves To Toss Pregnancy Bias Suit

    This week, a New York federal judge will consider whether to dismiss a pregnancy discrimination lawsuit brought by a former general manager at a jeweler who claimed she was fired after taking maternity leave.

  • April 02, 2026

    Blake Lively's Sex Harassment Claim Tossed As Suit Proceeds

    Blake Lively's lawsuit against her "It Ends With Us" co-star Justin Baldoni and his production company will soon head to trial on her claims of retaliation but not on her other allegations, including sexual harassment, a Manhattan federal judge ruled Thursday.

  • April 02, 2026

    Morgan Stanley Boots VP's Sex Bias Suit To Arbitration

    A New York federal judge kicked a Black Morgan Stanley executive's race and gender bias suit to arbitration, ruling she couldn't invoke a law that blocks out-of-court resolutions for sexual misconduct disputes because the general mistreatment she allegedly faced didn't amount to sexual harassment.

  • April 02, 2026

    DLA Piper, Vax Refuser Reach Deal To End Religious Bias Suit

    DLA Piper has struck a deal to wrap up a Christian former employee's lawsuit claiming he was fired for refusing to get the COVID-19 vaccine because of his religious beliefs, an Illinois federal judge said Thursday.

  • April 02, 2026

    New Law360 Tool Tracks EEOC Subpoena Enforcement Suits

    The U.S. Equal Employment Opportunity Commission's recent win in a subpoena enforcement action against the University of Pennsylvania marked a noteworthy development in one of several high-profile EEOC suits seeking to pry information from employers that the agency is investigating. Law360's EEOC Subpoena Enforcement Tracker gives attorneys a new tool to stay up to date on these court battles.

  • April 02, 2026

    Air Force Wins Disability Bias Suit Over Pandemic Leave

    The U.S. Air Force won an early victory in a former assistant lodging manager's lawsuit alleging he was denied paid safety leave during the COVID-19 pandemic because of his disability, after an Arizona federal judge found he failed to show discrimination and did not exhaust administrative remedies.

  • April 02, 2026

    2nd Circ. Won't Revive White Parole Officer's Race Bias Suit

    The Second Circuit declined Thursday to reopen a white former parole officer's lawsuit alleging two Black supervisors assigned her a heavier workload and refused to give her a field partner, ruling she hadn't shown the actions were racially motivated.

  • April 02, 2026

    2nd Circ. Says ConEd Worker Can't Get Redo On Bias Trial

    The Second Circuit refused Thursday to grant a new trial for an ex-ConEd worker who secured a partially favorable verdict on claims that she was retaliated against for taking medical leave to treat breast cancer, ruling a lower court correctly found her witness tampering concerns were overblown.

  • April 02, 2026

    Tech Co. To Pay $495K To Resolve EEOC Nationality Bias Suit

    The U.S. arm of a global technology company will pay $495,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it refused to hire an Indian job applicant in his 60s because of his age and national origin, according to a filing in California federal court.

  • April 02, 2026

    County Worker's Sex Bias Suit Lacks Evidence, 2nd Circ. Says

    The Second Circuit backed the dismissal of a former New York county worker's sex bias suit claiming she was fired by her male boss out of gender discrimination, ruling that her case lacks evidence that prejudice drove the decision rather than concerns about her missing expertise.

  • April 01, 2026

    Novo Nordisk Unit Says Ex-Exec's Poor Work Dooms Bias Suit

    By the time she was fired, a finance director of Novo Nordisk unit NNE Inc. had been falling short of company expectations while the pharmaceutical giant was preparing to get a multibillion-dollar drug facility off the ground, NNE's counsel told a North Carolina federal court Wednesday.

  • April 01, 2026

    Fruits Of UPenn's Resistance Seen At Margins Of EEOC Win

    While the U.S. Equal Employment Opportunity Commission's victory in a contentious subpoena battle with the University of Pennsylvania affirmed the agency's expansive investigative authority, attorneys said a close read of Tuesday's decision also showed the value of pushing back on EEOC information bids.

  • April 01, 2026

    U. Of Chicago Grad Union Gets Antisemitism Suit Tossed

    An Illinois federal judge tossed a nonprofit's lawsuit claiming that University of Chicago graduate students were forced to pay fees to a union that the organization said was antisemitic, finding the disputed fee arrangement isn't considered a state action that falls within the scope of the First Amendment.

  • April 01, 2026

    Emory, Falcons Escape Ex-Team Doc's Race Bias Suit

    Emory Healthcare and the Atlanta Falcons defeated a Black doctor's lawsuit claiming he was denied leadership opportunities and then abruptly fired as the NFL team's head doctor, with a Georgia federal judge ruling his allegations were too flimsy to stay in court.

  • April 01, 2026

    Fast Food Co. Scolded For Anonymity Challenge In EEOC Suit

    A Kansas federal judge denied a Burger King franchisee's bid to unveil the name of a minor who said she was sexually abused by her manager in a U.S. Equal Employment Opportunity Commission harassment case, calling the company's objections to her continued anonymity "unfortunate and misguided."

Expert Analysis

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

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    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Protecting Workers Amid High Court-EEOC Trans Rights Rift

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    In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • Age Bias Ruling Holds Harassment Policy Lessons

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    A Kansas federal court's recent decision in Holman v. Textron Aviation, rejecting an employee's assertion that his termination for failing to report harassment was pretextual and due to age bias, provides insight into how courts analyze whether actions are pretextual and offers lessons about enforcing anti-harassment policies, say attorneys at Ogletree.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • How To Balance AI Adoption With Employee Privacy Risks

    Excerpt from Practical Guidance
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    As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.

  • Employer Best Practices For Navigating Worker Separations

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    As job cuts hit several major industries, employers should take steps to minimize their exposure to discrimination claims, information leaks and enforcement challenges, such as maintaining sound documentation, strategic planning and legal coordination, says Mark Romance at Day Pitney.

  • Employer Tips For Responding To ICE In The Workplace

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    Increased immigration enforcement under President Donald Trump's administration has left employers struggling to balance their compliance obligations with their desire to provide a safe workplace, so creating a thorough response plan and training for U.S. Immigration and Customs Enforcement's presence at the workplace is crucial, say attorneys at Hanson Bridgett.

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.