Discrimination

  • July 07, 2025

    Ex-Oklahoma Pot Regulator's Discrimination Claims Tossed

    An Oklahoma federal judge has thrown out discrimination claims filed by a former employee of the Oklahoma Medical Marijuana Authority in a suit alleging she was terminated for whistleblowing, saying she failed to allege that she was dismissed in retaliation for protected speech or activities.

  • July 07, 2025

    11th Circ. Won't Reopen Sales Worker's Race Bias, FMLA Case

    The Eleventh Circuit declined to revive a suit claiming a sales services company fired a Black project manager out of race discrimination and because she took medical leave, ruling she failed to put forward evidence of prejudice or show that her bias trial was mismanaged.

  • July 03, 2025

    Pa. DA's Office Seeks Win In Ex-Clerk's Bias Suit

    A central Pennsylvania county prosecutor's office on Thursday urged a federal court to grant an early win in an ex-clerk's race discrimination suit, arguing a "single, isolated incident" in which the clerk overheard a racial slur could not be tied into her firing weeks later.

  • July 03, 2025

    EEOC Says Calif. Supermarket Chain Obstructing Bias Probe

    A California supermarket chain has refused to turn over applicant and employee data to the U.S. Equal Employment Opportunity Commission, hindering its investigation into whether the retailer discriminated against non-Hispanic workers, the agency told a federal court.

  • July 03, 2025

    7th Circ. Says Record Backs Accenture Win, But Bias Possible

    The Seventh Circuit on Wednesday affirmed summary judgment for Accenture LLP in a Black former manager's suit alleging he was fired for complaining about racial discrimination, but noted that its finding is based on "the record and binding case law, not blindness to the reality [he] presses — that bias affected aspects of his work experience."

  • July 03, 2025

    Pa. School District Fights $2.7M Fee Bid After $165K Verdict

    The Central Bucks School District in Pennsylvania says counsel representing two female teachers awarded $165,000 in an equal pay lawsuit should not be given $2.7 million in fees, arguing that request is not proportionate to the result.

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    4 Cases Discrimination Attys Should Watch As 2025 Rolls On

    A former member of the U.S. Equal Employment Opportunity Commission has asked a D.C. federal court to declare her dismissal by President Donald Trump unlawful, and the Fifth Circuit is poised to rule on whether the Pregnant Workers Fairness Act's enactment by Congress passes constitutional muster.  Here, Law360 looks at these and two other discrimination cases attorneys will be tracking in the latter half of the year.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    McCarter & English, Atty Debate Vets' Rights Law In Bias Case

    McCarter & English LLP argued a veterans' rights law does not apply in a former attorney's anti-veteran discrimination suit against the firm, while the attorney fought to preserve his claims relating to the law, according to briefs they filed in New Jersey state court Thursday.

  • July 03, 2025

    Ex-NJ Judge's Conduct Raises Security Concerns, State Says

    New Jersey is seeking a protective order to halt an ex-workers' compensation judge's "harassing" inquiries in her suit over her removal, telling a state court that her conduct over the past month raises serious concerns about the security of the individuals she is targeting.

  • July 03, 2025

    Illinois Cases To Watch In 2025: Midyear Report

    The impact of regulatory permits on insurance policy pollution exclusions, the debate over ditching two-step collective certifications and further interpretation of Illinois' biometric privacy law are at the heart of some of the state's biggest cases to watch through the end of the year.

  • July 03, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    A Kentucky law banning college-level diversity, equity and inclusion programs went into effect, the Los Angeles Dodgers were targeted by an anti-DEI group, Missouri's attorney general demanded documents on the city of Columbia's racial equity work and the U.S. Department of Education defended an anti-DEI policy in court. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • July 03, 2025

    What To Watch In Mass. Courts In The Second Half Of 2025

    Massachusetts courts should be busy through the second half of 2025, with litigation against the Trump administration playing a starring role at both the state and federal level. Here are some of the key cases and issues that attorneys are monitoring.

  • July 03, 2025

    7th Circ. Backs Firing Of Counselor Over Anti-Trans Speech

    The Seventh Circuit upheld the Milwaukee public school district's win over a former counselor's suit claiming she was unlawfully fired for speaking at an anti-trans rally, saying the district reasonably concluded that her expletive-laden public remarks didn't mesh with her professional responsibilities.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    Call Center Co. Wants Out Of Misclassification Suit

    A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."

  • July 03, 2025

    PWFA Litigation Comes Into Focus In 1st Half Of 2025

    The second anniversary of the Pregnant Workers Fairness Act's effective date recently passed, and though courts haven't shed much light yet on how they'll interpret the statute, new suits and settlements from the U.S. Equal Employment Opportunity Commission offer insights for both employers and workers. Here, Law360 offers a midyear overview of the EEOC's efforts to enforce the PWFA.

  • July 03, 2025

    Supreme Court Takes Up Transgender Sports Bans

    The U.S. Supreme Court agreed Thursday to hear challenges to West Virginia and Idaho laws barring transgender athletes from competing on sports teams consistent with their gender identity, putting yet more anti-trans legislation to the test after upholding Tennessee's ban on gender-affirming care for minors this term. 

  • July 02, 2025

    Amid DEI Uncertainty, Cos. Face Pressure From All Sides

    Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.

  • July 02, 2025

    11th Circ. Won't Revive Disney Workers' COVID Vax Bias Suit

    The Eleventh Circuit refused to revive a discrimination suit by former Disney employees over the company's COVID-19 vaccine mandate and augmented protocols requiring unvaccinated workers to socially distance and wear masks, ruling Wednesday the appellants never made religious objections to those protocols and never sought religious-based accommodations. 

  • July 02, 2025

    EEOC Can Press ADA Claim In Disabled Nurse's Transfer Case

    A Michigan hospital must face the U.S. Equal Employment Opportunity Commission's claim that it violated federal disability law by not transferring a nurse who suffers from a metabolic disorder to a less-demanding role, a federal judge ruled Wednesday.

  • July 02, 2025

    Veterans Sue Air Force For Disability Review Failures

    Three former service members hit the U.S. Air Force with a proposed class action challenging the lawfulness of a screening process used to determine if people should be retained or referred to a formal disability evaluation process.

  • July 02, 2025

    Ex-Director Claims Seminary Made False Diversity Promises

    A Pittsburgh Presbyterian seminary promised to fight discrimination and promote diversity, but the promise was hollow, according to a former interim director who claims her bosses ignored her complaints about discrimination and responded to litigation by insisting the seminary fell under a "ministerial exemption" to antidiscrimination laws.

Expert Analysis

  • Employer Tips For Navigating Cultural Flashpoints Litigation

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    A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 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

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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.