Discrimination

  • May 06, 2025

    McCarter & English Pushes To End Ex-Atty's Firing Suit

    McCarter & English LLP has urged a New Jersey state court to toss an anti-veteran discrimination suit from a former firm attorney and Navy SEAL this week, arguing the lawyer is unsuccessfully trying to pivot off failed claims from his original complaint in later filings.

  • May 06, 2025

    Approach The Bench: Judge Robinson On Workplace Conduct

    A long-awaited survey of judiciary employees revealed misconduct is rare within the federal judiciary, but U.S. District Judge Julie Robinson says there's still plenty of work to be done.

  • May 06, 2025

    Costco Can't Bar Harassment Probe Talk, NLRB Judge Says

    Costco unlawfully maintained overly broad rules in an investigations form and barred a North Carolina worker from talking about the outcome of her internal sexual harassment complaint, a National Labor Relations Board judge ruled, finding a clause allowing employment terms discussions did not shield the company from violating federal labor law.

  • May 06, 2025

    High Court Lets Transgender Troop Ban Take Effect

    The U.S. Supreme Court on Tuesday lifted a Washington federal judge's nationwide order barring implementation of the Pentagon's ban on transgender military service, allowing the controversial policy to take effect while its constitutionality is challenged.

  • May 06, 2025

    Disparate Impact Shift May Prevent EEOC Action On AI Bias

    The Trump administration's directive that federal agencies stop recognizing disparate impact discrimination will likely stymie potential U.S. Equal Employment Opportunity Commission enforcement aimed at bias related to artificial intelligence, pushing states and private plaintiffs to the forefront of regulating workplace AI, experts say.

  • May 06, 2025

    Charter School System Settles DOJ Vaccine Bias Suit

    An Oklahoma City charter school system will pay $95,000 to end a U.S. Department of Justice suit alleging it fired a worker who refused to get a COVID-19 vaccine because of his religion, the DOJ said.

  • May 05, 2025

    3rd Circ. Revives Ex-NJ College Prof's Gender Bias Suit

    The Third Circuit said a jury should review a Ukrainian ex-professor's claim that The College of New Jersey declined to renew her contract out of gender bias, finding concerns with her commitment could have been driven by her pregnancy.

  • May 05, 2025

    How Law Firms Have Handled The EEOC's Push For DEI Data

    Perkins Coie LLP dug in its heels and scored a court order quashing the U.S. Equal Employment Opportunity Commission's inquiry into its diversity, equity and inclusion programs, while seven other firms the EEOC targeted opted to negotiate. Here’s what Law360 knows about what law firms have done in response to the commission’s March request for workplace diversity information.

  • May 05, 2025

    National Guard Worker Challenges Trump Order On Gender

    The National Guard Bureau violated federal civil rights law when it barred transgender employees from using bathrooms and exercise facilities that align with their gender identity, according to a complaint Monday challenging the Trump administration's policy recognizing only two "immutable" sexes.

  • May 05, 2025

    Wash. Panel Quizzes State In Biologist's Vax Mandate Case

    Washington appellate judges hinted on Monday they might revive an ex-state biologist's suit claiming she was wrongfully denied a religious accommodation to keep her position without getting the COVID-19 vaccination, citing factual questions as to whether her job duties were essential and whether she was technically fired.  

  • May 05, 2025

    Fla. Judge Wants Briefs In ACA Trans Health Fight

    A Florida federal judge Monday requested briefing from the U.S. Department of Health and Human Services and the state of Florida on how to handle a suit challenging the Biden administration's regulations clarifying gender identity-based discrimination under the Affordable Care Act.

  • May 05, 2025

    Levi Strauss Beats Former Exec's Sex-Bias Suit At Trial

    A California federal jury Monday cleared Levi Strauss of sex-bias claims brought by a former company executive who claims she was skipped over for a senior director's role after announcing her pregnancy, reaching their decision in about 20 minutes after a one-week trial.

  • May 05, 2025

    7th Circ. Judge Slams University's Args In En Banc Denial

    The Seventh Circuit on Friday denied en banc review of a panel's decision to revive a Chicago law professor's retaliation suit after he was disciplined for including a redacted racist slur on an exam, with one judge suggesting the university's failure to invoke arguments over its right to academic freedom meant the appeal didn't justify consideration by the full court.

  • May 05, 2025

    Pa. District Paid Female Teachers Thousands Less, Jury Told

    Central Bucks School District in Pennsylvania unfairly paid female teachers less than their male counterparts, in some cases by tens of thousands of dollars despite holding the same jobs, a federal jury was told Monday.

  • May 05, 2025

    IHOP Franchisee, Ex-Server End Sex Harassment Suit

    A North Carolina federal judge agreed to dismiss a legal battle between an IHOP franchisee and a former server who said she was fired for rejecting a manager's sexual advances, as the parties had said a previous ruling from another judge doomed the worker's suit.

  • May 05, 2025

    USPS Wraps Up Religious Bias Suit That Went To High Court

    The U.S. Postal Service and a Christian former mail carrier agreed to end a lawsuit that prompted the U.S. Supreme Court to raise the legal bar for employers seeking to deny workers' faith-based accommodation requests, according to a filing Monday in Pennsylvania federal court.

  • May 05, 2025

    Ex-Supervisor Says Carvana Fired Him Because Of Disability

    A former manager for used car giant Carvana has hit the company with a lawsuit alleging that he was fired for taking time off while disabled and that the company told him as much when it let him go last year.

  • May 05, 2025

    Holtec Worker 'Cast Aside' After Beating Cancer, Jurors Told

    A former nuclear technician told a New Jersey federal jury Monday that he was a loyal worker who was "cast aside in silence" by Holtec International when he returned to work after beating cancer and was demoted, had his work hours reduced and ultimately terminated without ever receiving a negative performance review.

  • May 05, 2025

    Morgan Lewis Employment Ace Joins Vedder Price In Miami

    A veteran Morgan Lewis & Bockius LLP attorney has brought her labor and employment practice to Vedder Price PC in Miami, the firm announced Monday.

  • May 05, 2025

    2nd Circ. Revives Estee Lauder Worker's Wage Claims

    The Second Circuit partly reinstated a former employee's lawsuit against cosmetics company Estee Lauder on Monday, saying she put forward enough details to support her unpaid overtime claims but not her race, gender orientation and age bias allegations.

  • May 02, 2025

    Judge Axes Trump's Perkins Order With Shakespearean Flourish

    A Washington, D.C., federal judge on Friday struck down as unconstitutional President Donald Trump's retaliatory executive order targeting Perkins Coie LLP, permanently blocking enforcement of the directive and likening the president's action to a Shakespeare character's suggestion that the way to amass power is to "kill all the lawyers."

  • May 02, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Perkins Coie LLP convinced a federal judge to invalidate an executive order targeting it in part for its diversity, equity and inclusion practices, and Jenner & Block LLP sparred with the U.S. Department of Justice in a Washington, D.C., courtroom over whether to toss that firm's challenge to a similar presidential directive. Here, Law360 looks at notable DEI-related legal developments over the past week.

  • May 02, 2025

    O'Reilly Auto Pregnant Worker Suit Geared Up For Wash. Trial

    The Washington State Attorney General's Office may proceed to trial with claims that O'Reilly Auto denied pregnant employees' accommodation requests it was legally required to grant, an Evergreen State judge said Friday, while trimming certain retaliation claims from the suit.

  • May 02, 2025

    Ex-Travelers Employee Can't Yet Appeal Arbitration Ruling

    The Connecticut Appellate Court ruled Friday that a trial court's refusal to vacate a woman's arbitration loss in an age discrimination case against Travelers Indemnity Co., her former employer, wasn't a final order that could be appealed.

  • May 02, 2025

    American Airlines Seeks To Disband Military Leave Suit Class

    American Airlines urged a Pennsylvania federal court to revoke class certification in a lawsuit claiming the company unlawfully denied pilots pay for time spent on military leave, arguing the case involves too many individual inquiries about whether workers can control when they take time off.

Expert Analysis

  • 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.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.