Discrimination

  • June 06, 2025

    Miss. Blues Club Owner Groped Employee, EEOC Says

    A co-owner of a Mississippi blues club made sexual comments to and groped an assistant manager, and the bar fired her after she escalated complaints about his behavior, the U.S. Equal Employment Opportunity Commission alleged in federal court.

  • June 06, 2025

    Pa. Pot Shop Can't Dodge Ex-Worker's Disability Bias Suit

    A Pennsylvania dispensary must face a former supervisor's lawsuit alleging he was disciplined for complaining that a colleague called him a "cripple" because of a disability affecting his arms, with a federal judge ruling Friday he'd provided enough evidence to send his case to trial.

  • June 06, 2025

    Equal Pay Atty Says Balance Key To Transparency Reform

    Pay transparency laws are making an impact on pay disparities but policymakers should be careful to not make compliance too burdensome, says employment attorney Kelly Cardin. Here, Law360 speaks with Cardin about how pay transparency will continue to evolve.

  • June 06, 2025

    9th Circ. Won't Boost Interest Rate For Worker's FMLA Win

    The Ninth Circuit declined to upend an order applying the federal rate instead of a higher Washington state rate when calculating prejudgment interest that a federal jury awarded to a worker in his lawsuit accusing a manufacturer of firing him for taking leave, saying his federal claim guided his litigation strategy.

  • June 06, 2025

    Teachers Want $218K In Costs After Pay Bias Trial Win

    Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.

  • June 06, 2025

    Civil Rights Groups Demand Senate Scrutinize EEOC Nominees

    Nearly 50 civil and workers' groups are urging the Senate Committee on Health, Education, Labor and Pensions to hold confirmation hearings for Andrea Lucas and Brittany Panuccio, acting chair and commissioner nominee, respectively, for the U.S. Equal Employment Opportunity Commission, to further scrutinize their records.

  • June 06, 2025

    Ex-CEO Nets Deal With PE Firm To End Dispute Over Firing

    The former CEO of a defense industry supplier has settled his lawsuit alleging he was duped into taking the job by a North Carolina private equity firm and then fired for refusing to go along with fibs about its financial future to a major client, according to a notice filed Friday.

  • June 06, 2025

    What To Expect As 8th Circ. Hears 'BLM' Firing Appeal

    An Eighth Circuit panel will mull how federal labor law applies to workers' support for social causes Wednesday as it hears Home Depot's challenge to the National Labor Relations Board's ruling that it illegally forced out a worker who wrote "BLM" on their apron. Here, Law360 breaks down what to expect from the case.

  • June 06, 2025

    Calif. Forecast: 9th Circ. To Hear Labor Preemption Arguments

    In the coming week, attorneys should keep an eye out for oral arguments at the Ninth Circuit regarding the extent to which federal labor law preempts employment law claims, in a case involving UPS. Here's a look at that case and other labor and employment matters coming up in California.

  • June 06, 2025

    NY Forecast: 2nd Circ. Hears SUNY Dean's Retaliation Suit

    This week, the Second Circuit will consider an attempt from a former dean at the State University of New York Upstate Medical University to revive his suit claiming he was demoted in retaliation for advocating against widespread discrimination against students and faculty. Here, Law360 looks at this and other cases on the docket in New York.

  • June 06, 2025

    Sheetz Applicant Seeks Helm In EEOC Criminal History Suit

    A Black job applicant wants to take over a U.S. Equal Employment Opportunity Commissionsuit accusing convenience store chain Sheetz of using a biased policy to screen out workers with criminal histories, as the EEOC seeks to exit the case because of a presidential order disavowing the disparate impact theory.

  • June 05, 2025

    Playboy Fired Exec For Raising Harassment Issues, Suit Says

    Playboy's ousted chief creative officer filed a retaliation suit against the company in Los Angeles Superior Court on Thursday alleging he was illegally terminated after speaking up about sexual harassment, financial improprieties and a minor uploading explicit images of herself to a public company website.

  • June 05, 2025

    USDA Sued Over Ending 600 Grants Via Flawed Form Letters

    A group of environmental and food sustainability nonprofits hit the U.S. Department of Agriculture with a lawsuit in D.C. federal court Thursday, accusing the Trump administration of unconstitutionally exceeding its authority by abruptly rescinding nearly 600 grants via "minimally edited form letters" that had errors and lacked detailed explanations.

  • June 05, 2025

    Red States Double Down On Bid To Stymie Trans Health Rule

    More than a dozen Republican attorneys general challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act said the U.S. Department of Health and Human Services can't keep the rule on the books just because the new administration is unlikely to enforce it.

  • June 05, 2025

    Religious Network Owner Must Face Pastor's Race Bias Suit

    A Michigan federal judge on Wednesday said a religious television network and its owner must face a lawsuit alleging they interfered with a Black pastor's on-air and earning opportunities, saying the pastor shared enough evidence to support his claim that he was discriminated against because of his race.

  • June 05, 2025

    Justices' Revival Of Straight Bias Case May Trigger New Suits

    The U.S. Supreme Court's decision Thursday reviving a straight woman's workplace discrimination suit doesn't mark a huge precedent shift, but along with other recent changes in the employment law arena, it may help set the stage for a surge in bias cases from so-called majority groups, experts say.

  • June 05, 2025

    Wash. County Ex-Diversity Manager Lodges Retaliation Suit

    A former equity, inclusion and belonging manager for Washington state's King County, home to Seattle, has launched a lawsuit contending she was blocked from addressing employee concerns about bias in the workplace, mistreated by white male colleagues, and ultimately pushed out amid a "challenging culture of silence and inaction."

  • June 05, 2025

    Trans Worker Takes Over Harassment Suit After EEOC's Exit

    An Illinois federal judge on Thursday allowed a transgender former hog-farm worker to carry on a U.S. Equal Employment Opportunity Commission suit claiming she was sexually harassed on the job, after the agency dropped the case because it conflicted with a presidential executive order.

  • June 05, 2025

    Attorney's FMLA Suit Against Va. City Headed To Trial

    A former Virginia city assistant attorney's Family and Medical Leave Act suit against the chief city prosecutor will head to trial, a federal judge said Thursday, ruling that there is an open question over whether firing the attorney was a pretext to not grant a leave request.

  • June 05, 2025

    Bar Owners Agree To Resolve EEOC Sex Harassment Suit

    The owners of a defunct Colorado bar will pay $100,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging one of them made inappropriate sexual comments to employees, groped women and disciplined those who complained, according to a filing in federal court.

  • June 05, 2025

    4th Circ. Won't Revive Ex-Fire Captain's Free Speech Suit

    The Fourth Circuit refused to reopen a former Lynchburg, Virginia, fire captain's suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, ruling Thursday that he failed to show why the city should be held liable.

  • June 05, 2025

    Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight

    SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."

  • June 05, 2025

    No Injunction Or Remand In Marine's Vape Discharge Dispute

    A Court of Federal Claims judge denied a former U.S. Marine Corps air traffic control officer's bid for an injunction as he challenges his discharge for allegedly using a prohibited vape, saying the court lacks the power to prevent the government from releasing "disparaging" information.

  • June 05, 2025

    Carmaker Fired Worker For Taking Passover Off, EEOC Says

    The U.S. Equal Employment Opportunity Commission accused car manufacturing giant FCA US of refusing to let a Jewish employee take holy days off and then eventually firing him after he didn't show up to work on Passover, according to a suit filed Thursday in Michigan federal court.

  • June 05, 2025

    Walgreens Says No Standing In Suit Over Tobacco Surcharge

    Walgreens is urging an Illinois federal court to throw out a suit from an employee alleging it illegally imposes a tobacco surcharge on employees in its healthcare program, saying the program complies with federal regulations, and the employee has no standing because she declined to participate in the program.

Expert Analysis

  • AI Isn't The Wild West, So Prepare Now For Bias Risks

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    In addition to President Joe Biden's recent historic executive order on safe, secure and trustworthy artificial intelligence, there are existing federal and state laws prohibiting fraud, defamation and even discrimination, so companies considering using or developing AI should take steps to minimize legal and business risks, says civil rights attorney Farhana Khera.

  • AI's Baked-In Bias: What To Watch Out For

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    The federal AI executive order is a direct acknowledgment of the perils of inherent bias in artificial intelligence systems, and highlights the need for legal professionals to thoroughly vet AI systems, including data and sources, algorithms and AI training methods, and more, say Jonathan Hummel and Jonathan Talcott at Ballard Spahr.

  • 'Miss Manners' Scenarios Holds Job Accommodation Lessons

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    Robin Shea at Constangy looks at the potentially negative legal consequences for employers who follow some advice recently given in the Washington Post's "Miss Manners" column, and offers solutions of her own.

  • How Biden's AI Order Stacks Up Against Calif. And G7 Activity

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    Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.

  • Handling Religious Objections To Abortion-Related Job Duties

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    While health care and pharmacy employee religious exemption requests concerning abortion-related procedures or drugs are not new, recent cases demonstrate why employer accommodation considerations should factor in the Title VII standard set forth by the U.S. Supreme Court’s 2023 Groff v. DeJoy ruling, as well as applicable federal, state and local laws, say attorneys at Epstein Becker.

  • Transgender Worker Rights: A Guide For California Employers

    Excerpt from Practical Guidance
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    California employers should know their obligations under overlapping state and federal law to protect the rights of their transgender, nonbinary and gender-nonconforming workers, and implement best practices to avoid discriminating in how they hire and promote, offer medical benefits to, and prevent harassment of these employees, says Michael Guasco at Littler.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • In Focus At The EEOC: Eliminating Recruiting, Hiring Barriers

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    While the recruiting and hiring segment of the U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan spotlights the potential discriminatory effects of artificial intelligence, employers should note that it also touches on traditional bias issues such as unlawfully targeted job advertisements and application inaccessibility, say Rachel See and Annette Tyman at Seyfarth.

  • A Look Into The Developing Regulation Of Employer AI

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    Although employers' use of artificial intelligence is still limited, legislators and companies have been ramping up their efforts to regulate its use in the workplace, with employers actively contributing to the ongoing debate, say Gerald Hathaway and Marc-Joseph Gansah at Faegre Drinker.

  • In Focus At The EEOC: Advancing Equal Pay

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    The U.S. Equal Employment Opportunity Commission’s recently finalized strategic enforcement plan expresses a renewed commitment to advancing equal pay at a time when employees have unprecedented access to compensation information, highlighting for employers the importance of open communication and ongoing pay equity analyses, say Paul Evans at Baker McKenzie and Christine Hendrickson at Syndio.

  • 2nd Circ. Ruling Clarifies Title VII Claim Standards

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    The Second Circuit's recent opinion in Banks v. General Motors, although it does not break new ground legally, comes at a crucial time when courts are reevaluating standards that apply to Title VII claims of discrimination and provides many useful lessons for practitioners, says Carolyn Wheeler at Katz Banks.

  • In Focus At The EEOC: Preventing Systemic Harassment

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    With the U.S. Equal Employment Opportunity Commission's recently finalized strategic enforcement plan identifying a renewed commitment to preventing and remedying systemic harassment, employers must ensure that workplace policies address the many complex elements of this pervasive issue — including virtual harassment and workers' intersecting identities, say Ally Coll and Shea Holman at the Purple Method.

  • Cos. Must Reassess Retaliation Risk As 2nd. Circ. Lowers Bar

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    After a recent Second Circuit decision broadened the federal standard for workplace retaliation, employers should reinforce their nondiscrimination and complaint-handling policies to help management anticipate and monitor worker grievances that could give rise to such claims, says Thomas Eron at Bond Schoeneck.