Discrimination

  • May 12, 2025

    BigLaw Student Fellowship Faces Discrimination Charge

    A new legal advocacy organization on Monday alleged that a decades-old program that partners with dozens of BigLaw firms to support incoming law students is racially discriminatory.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Mass. Jail Employee Says Sexist Colleagues Undermined Her

    A former program manager at a Massachusetts jail has alleged in state court she was repeatedly undermined by a group of male colleagues, then effectively demoted from her role as assistant superintendent in retaliation for complaining.

  • May 12, 2025

    Queens College Purged Jewish Adjunct Faculty, Suit Says

    Queens College unlawfully pushed out six accounting professors under the guise of budgetary concerns and low enrollment in an effort to "clean house" and rid the department of Jewish employees, a former faculty member claimed in New York federal court.

  • May 12, 2025

    BB&K Litigator Joins Jackson Lewis In San Diego

    Employment law firm Jackson Lewis PC is growing its West Coast ranks, bringing in a Best Best & Krieger LLP litigator as a principal in its San Diego office.

  • May 09, 2025

    Ga. Auto Dealer Accused Of Race Bias By Ex-Workers

    A Georgia automobile dealership operator has been sued in Georgia federal court by six Black former employees who allege they were discriminated against because of their race, then were fired for reporting the alleged mistreatment.

  • May 09, 2025

    Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts

    A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.

  • May 09, 2025

    4th Circ. Won't Loosen Charge Requirement In Race Bias Case

    The Fourth Circuit backed Baltimore Gas and Electric Co. on Friday in a Black billing contractor's lawsuit claiming he was fired for complaining he was let go for complaining about race bias, saying he hadn't properly named the utility company in his pre-suit discrimination charge.

  • May 09, 2025

    NY Forecast: X Arbitration Fees Dispute At 2nd Circ.

    This week, the Second Circuit will consider social media platform X's attempt to reverse a lower court order requiring it to pay fees for arbitration proceedings with employees who claim they were not paid the full amount of severance they were owed. Here, Law360 looks at this and other cases on the docket in New York.

  • May 09, 2025

    Disney Nears Prelim Approval On $43M Gender Pay Bias Deal

    A California judge said Friday he intends to grant preliminary approval of a $43.25 million class action settlement in a suit alleging Disney paid thousands of women in middle management less than their male colleagues.

  • May 09, 2025

    8th Circ. Won't Reopen IRS Employee's Promotion Bias Suit

    The Eighth Circuit refused Friday to revive an IRS special agent's lawsuit claiming she was denied a promotion because she's a Black woman in her 50s, saying she hadn't demonstrated the agency's decision not to move her up in its ranks was tainted by bias.

  • May 09, 2025

    NY Lawmakers Seek To Close Salary History Loophole

    A New York proposal to bar employers from asking job candidates about their salary expectations shows how states must keep refining and innovating pay disclosure laws as they learn lessons from real-world compliance.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    AG Fights Ex-Immigration Judge's Disability Bias Claim In Fla.

    U.S. Attorney General Pam Bondi pushed back Friday on a former immigration judge's bid for a disability discrimination ruling in her favor, telling a Florida federal court that her requested transfer wasn't approved since there were no vacancies in her desired Orlando court during her tenure.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    EEOC Can Seek OK Of Deal That Judge Threatened To Scuttle

    A Florida federal judge walked back a threat Friday to toss a U.S. Equal Employment Opportunity Commission race harassment suit after taking issue with its bid to approve a $1.4 million settlement in the case, following warnings from the agency that it would be "severely prejudiced" by dismissal.

  • May 09, 2025

    Fisher Phillips Opens Tokyo Office Amid Regulatory Shifts

    Employer-side labor law firm Fisher Phillips has launched a Tokyo office in response to increasing client demand from American and multinational companies doing business in Japan and from Japanese companies doing business in the Americas.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Calif. Forecast: Petroleum Cos. $7M Wage Deal Before Court

    In the coming week, attorneys should watch for the potential initial approval of a $7.2 million deal in a proposed wage and hour class action against Marathon Refining Logistics Services and related companies. Here's a look at that case and other labor and employment matters on deck in California.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    5th Circ. Wipes Out Southwest Attys' Religious Training Order

    The Fifth Circuit on Thursday held that a lower court overstepped by ordering several in-house Southwest Airlines attorneys to undergo "religious liberty training" following a flight attendant's win in a wrongful termination suit, finding that the training wouldn't benefit the flight attendant or persuade Southwest to comply with an earlier order.

  • May 08, 2025

    Judge Seems To Favor Susman Godfrey In Trump Challenge

    A D.C. federal judge appeared poised Thursday to allow Susman Godfrey LLP's challenge to President Donald Trump's executive order targeting the firm to proceed or to grant the firm a summary judgment win altogether, after she pressed a government attorney on the president's basis for alleging discrimination at the firm.

  • May 08, 2025

    Panel Says Colo. Hospitals Need Notice Of Retaliation Claims

    A Colorado appeals court on Thursday sided with a Denver health system in a precedential ruling, finding healthcare workers who sue public hospitals under a state anti-retaliation statute must warn hospitals about their claims.

  • May 08, 2025

    Judge Allows WWE Accuser To Add SEC Settlement To Suit

    A former World Wrestling Entertainment Inc. staffer, who has accused ex-CEO Vince McMahon of assault and sex trafficking in Connecticut federal court, was allowed to include in an amended complaint the settlement McMahon reached with the federal government regarding payments he made to her and another woman over alleged misconduct.

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.