Discrimination

  • September 02, 2025

    11th Circ. Backs Ga. County's Win In Ex-Cop's Race Bias Suit

    The Eleventh Circuit upheld Tuesday a Georgia county's victory over a Black former police officer's discrimination suit, saying he didn't show that race played a part in his termination.

  • September 02, 2025

    Littler Report: Wage Rule Limbo, DEI Reversal, NLRB Shakeup

    Federal government efforts to end diversity, equity and inclusion programs; states’ industry-specific wage hikes that have reached new heights and a National Labor Relations Board that is stuck without a quorum are employment law trends to watch, Littler Mendelson PC’s Workplace Policy Institute said in an annual report. Here, Law360 explores the report’s findings.

  • September 02, 2025

    3M Beats Fired COVID-19 Vax Refuser's Religious Bias Suit

    A Pennsylvania federal judge tossed a suit Tuesday from a Christian worker who claimed 3M fired her out of religious bias when she refused its COVID-19 vaccine mandate, ruling her termination was fair game because letting her remain unvaccinated would have made the company less competitive.

  • September 02, 2025

    EEOC Brokers $145K Deals In Dairy Queen Harassment Probe

    The U.S. Equal Employment Opportunity Commission announced Tuesday it reached a pair of deals worth $145,000 with a Virginia-based Dairy Queen franchise after finding evidence that female workers, some of them teenagers, faced sexual harassment at two of its locations.

  • September 02, 2025

    2nd Circ. Backs X In Arb. Fees In Severance Case

    Courts can't sort out who pays arbitration fees, and employers' refusal to pay such fees isn't a failure to arbitrate, the Second Circuit ruled Tuesday, siding with X in a case accusing the social media platform of owing workers severance.

  • September 02, 2025

    7th Circ. Ends Age Bias Suit But Says ADEA Bans Harassment

    A former kindergarten teacher did not properly back up her case alleging she was denied proper classroom support and micromanaged because she's older, the Seventh Circuit found, declining to reinstate her suit but concluding that the Age Discrimination in Employment Act can cover harassment claims.

  • September 02, 2025

    Northrop Defeats Black Engineer's Pay, Promotion Bias Suit

    A Maryland federal judge tossed a Black electrical engineer's suit claiming defense contractor Northrop Grumman handed him lackluster promotions and pay raises out of racial bias, saying he hasn't put forward evidence that prejudice was the reason for the offers he received.

  • August 29, 2025

    5 Arguments For Discrimination Attorneys To Watch In Sept.

    The Fourth Circuit will consider whether a trial court rightly blocked parts of two Trump administration executive orders targeting diversity, equity and inclusion programs, and the Fifth Circuit will consider whether United Airlines employees correctly won class certification for Title VII claims challenging the company's COVID-19 accommodation practices. Here are five argument sessions that discrimination attorneys should keep tabs on in the coming month.

  • August 29, 2025

    Logistics Cos. Can't Escape Worker Visa Misuse Class Action

    Two logistics companies have failed to escape a proposed class action accusing them of misusing a professional worker visa program to lure workers from Mexico, with a Georgia federal judge trimming out some discrimination and fair labor claims, but allowing several others to proceed.

  • August 29, 2025

    EEOC, Sam's Club Strike $60K Deal In ADA Suit

    The operators of warehouse club retail store Sam's Club will pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit alleging a worker was refused accommodations and ultimately fired after attempting to return to work following an automobile accident.

  • August 29, 2025

    Amazon Workers Get Class Nod In Military Leave Bias Suit

    A New York federal judge handed class certification to a group of workers alleging Amazon did not provide equal leave benefits to service members compared to those who took other forms of leave such as jury duty, although he found the class representative couldn't lead the case.

  • August 29, 2025

    US Education Dept. Finds Denver Schools Flouted Title IX

    The first Title IX investigation undertaken by the U.S. Department of Education's Office for Civil Rights since President Donald Trump returned to office found Denver Public Schools violated Title IX by converting two bathrooms at a local high school to multi-stall, all-gender bathrooms, according to a Thursday news release from the OCR.

  • August 29, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The city of Seattle has attempted to block the Trump administration from enforcing executive orders that condition federal grants partly on recipients curtailing diversity, equity and inclusion programs, and the state of Texas was hit with a lawsuit challenging the constitutionality of a law curbing inclusivity in public schools. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • August 29, 2025

    GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit

    A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.

  • August 29, 2025

    5th Circ. Upholds Dallas Win In Pay, Race Bias Case

    A former management assistant for the city of Dallas failed to demonstrate that she was paid less than a colleague because of her race and her retaliation and discrimination claims also could not stand, the Fifth Circuit ruled Friday.

  • August 29, 2025

    NY Forecast: 2nd Circ. Hears Northwell COVID Vaccine Suit

    This week, the Second Circuit will consider whether to revive a suit brought by former healthcare workers who claimed they were discriminated against on the basis of their religion when they were fired for refusing to take the COVID-19 vaccine.

  • August 29, 2025

    UPenn Prof Suspended For Racist Remarks Loses Bias Claim

    University of Pennsylvania law professor Amy Wax lost her federal discrimination claims against the school for suspending her over disparaging comments she made about minorities, with a judge finding that she was disciplined for racist speech, not because of her own race.

  • August 29, 2025

    Ill. Jury Sides With Ex-CTA Worker In Vax Bias Lawsuit

    An Illinois federal jury on Friday awarded a former Chicago Transit Authority employee $425,000 in damages, finding the transit agency liable on his religious discrimination claim after he was terminated following his refusal to take the COVID-19 vaccine and denied an exemption to the agency's vaccine requirement.

  • August 29, 2025

    Calif. Forecast: NLRB Fights Co. With Union-Busting Claims

    In the coming week, attorneys should watch for arguments in a National Labor Relations Board case against an environmental and engineering consultant. Here's a look at that case and other labor and employment matters on deck in California.

  • August 29, 2025

    Single Slur Not Enough For Retaliation Suit, Judge Says

    A Michigan federal judge stood by her dismissal of an Arab American worker's suit claiming a car dealership fired him for protesting a supervisor's racist language while following up on her original ruling to say that opposition to the single use of a slur isn't enough to establish a retaliation case.

  • August 29, 2025

    Wage And Hour Laws To Look Out For This Fall

    Workers in Maine will get extra wages if their employer cancels or cuts back their shift last minute, and employers in Cleveland will have to abide by new salary history and pay transparency requirements. Here, Law360 looks at these and other wage and hour and equal pay laws coming in the fall.

  • August 28, 2025

    10th Circ. Told Okla. 'Race Theory' Law Must Go

    The Tenth Circuit is being told it must ensure academic freedom for the students of Oklahoma, whose constitutional rights and "the very nature of the classroom as a place that nurtures inquiry and discussion" are being undermined by a state law restricting what they can be taught.

  • August 28, 2025

    Ex-Katten Partner's $67M Age Bias Suit Stayed For Arbitration

    A Manhattan federal judge stayed a $67 million discrimination lawsuit brought by a former Katten Muchin Rosenman LLP partner alleging the firm pushed him out of the aircraft-finance practice group, pressured him to resign and then fired him because of his age, saying there is an arbitration agreement at play.

  • August 28, 2025

    Car Dealership Settles EEOC Hiring Bias Suit For $275K

    The U.S. Equal Employment Opportunity Commission announced Thursday that it struck a $275,000 deal with a Missouri car dealership to end a gender bias suit claiming the business only hired women for office jobs and men for sales jobs.

  • August 28, 2025

    Religion Didn't Drive Ex-CTA Worker's Vax Refusal, Jury Hears

    A former Chicago Transit Authority electrician hasn't met his burden of proving religious discrimination was behind his termination when he refused to be vaccinated against COVID-19, and his refusal was based on personal preference and health and safety concerns about the jab, an Illinois federal jury heard Thursday.

Expert Analysis

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

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    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'

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    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

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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.