Discrimination

  • October 06, 2025

    3 Pointers For Thoughtful Equal Pay Audits

    Disney must do regular equal pay audits as part of a recent $43 million settlement, which serves as a good reminder to employers about using such audits to weed out pay gaps, attorneys told Law360.

  • October 06, 2025

    Justices Decline Case Over Scope Of Forced Arbitration Ban

    The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.

  • October 06, 2025

    Justices Skip Fight Over NJ Healthcare Worker Vax Mandate

    The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    New York Jets Hit With Firing Suit Over Harassment Report

    A former finance executive for the New York Jets hit the team with a discrimination lawsuit in New Jersey state court alleging she was improperly fired because her husband had reported sexual harassment by team president Hymie Elhai toward female employees.

  • October 03, 2025

    11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal

    The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.

  • October 03, 2025

    Amazon Disputes Firing Worker On Maternity Leave

    Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.

  • October 03, 2025

    Insurer Says No Coverage For Wage Disclosure Class Actions

    A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.

  • October 03, 2025

    Mich. Justices Send Anti-Muslim Bias Case To Appeals Court

    Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.

  • October 03, 2025

    9th Circ. Reopens Circle K Age Bias Suit Over Promotion

    The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.

  • October 03, 2025

    EEOC Can't Halt Suit Over Trans Advocacy Amid Shutdown

    A Maryland federal judge refused Friday to grant the U.S. Equal Employment Opportunity Commission's bid for a stay in a suit claiming the agency violated federal law by dropping gender identity discrimination cases, despite the government's argument that the ongoing shutdown meant the case couldn't move ahead.

  • October 03, 2025

    4 Takeaways As EEOC Closes Book On Fiscal Year

    The U.S. Equal Employment Opportunity Commission filed fewer lawsuits, but attorneys say that pregnancy and religious discrimination cases emerged as clear areas of focus for the commission. Here's a look at the cases the agency added to its docket in the 2025 fiscal year.

  • October 03, 2025

    College Prez Loses Emergency Bid In Whistleblower Suit

    A New Jersey federal judge has rejected a motion from the president of Rowan College at Burlington County seeking an emergency restraining order to block potential termination, amid a whistleblower lawsuit he brought alleging retaliation after he opposed what he described as unlawful actions taken by the school's board and legal counsel.

  • October 03, 2025

    Neil Gaiman Rape Suit Belongs In NZ, Not Wisc., Judge Says

    A Wisconsin federal judge Friday dismissed a former nanny's sexual assault lawsuit against "Sandman" author Neil Gaiman, saying the suit should be heard by a court in New Zealand, where the assaults described in the complaint took place.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 03, 2025

    Temple U., Cancer Center Beat Professor's Sex Bias Suit

    A Temple University cancer researcher can't sustain her suit alleging she was denied support for a grant application because she complained about a supervisor's unwelcome advances, a Pennsylvania federal judge ruled, saying one missed funding opportunity wasn't enough to show bias.

  • October 03, 2025

    Calif. Forecast: NLRB, Compressed Gas Co. Head To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a California-based National Labor Relations Board matter involving a gas supplier. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • October 03, 2025

    CORRECTION: Senate Advances Trump EEOC Pick's Nomination

    The Senate voted along party lines Friday to advance the nomination of an assistant U.S. attorney to serve on the U.S. Equal Employment Opportunity Commission, bringing the agency closer to a quorum and its full decision-making capacity.

  • October 03, 2025

    Mich. Defends Refugee Service Contract Choices In Bias Suit

    Two Michigan departments told a federal judge that a court order requiring the state to preserve a Christian nonprofit's refugee aid contracts while it pursues a religious liberty lawsuit against them would be both inappropriate and pointless.

  • October 03, 2025

    EEOC Pregnancy Bias Settlement Misses Mark For 3rd Time

    The U.S. Equal Employment Opportunity Commission failed for the third time to secure court approval of a $30,000 settlement agreement that would end a pregnancy bias case against a child advocacy organization, with a Pennsylvania federal judge saying he still wasn't satisfied.

  • October 02, 2025

    8th Circ. Won't Rehear Worker's Wrongful THC Firing Case

    The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.

  • October 02, 2025

    University Asks Court To Shield Religious Hiring Practices

    A private Christian university has urged a Seattle federal judge to find that a Washington antidiscrimination law infringes on its First Amendment rights to only hire job candidates who share its religious views, pursuing a pretrial win in its case against the state attorney general's office.  

  • October 02, 2025

    Boston Can't Fully Nix Muslim Firefighter's Vax Bias Suit

    A Massachusetts federal judge narrowed but declined to toss a Black Muslim ex-firefighter's suit claiming the city of Boston fired him and his union didn't have his back when he refused to get vaccinated against COVID-19 on religious grounds, finding he supported his claims with enough evidence of potential bias.

  • October 02, 2025

    Ohio Manufacturer To Fork Over $2M In EEOC Sex Bias Suit

    A private equity-owned manufacturer will pay $2 million to end an Ohio federal court suit by the U.S. Equal Employment Opportunity Commission alleging it refused to hire women for jobs on its production floor and fired a top human resources official who flouted that policy.

Expert Analysis

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

    Author Photo

    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

    Author Photo

    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Employer Tips For Navigating Cultural Flashpoints Litigation

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    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.