Discrimination

  • November 18, 2025

    Hairstyle Bias Case May Let 11th Circ. Tackle Disparate Impact

    The Eleventh Circuit is scheduled to hear arguments Wednesday in a race bias case over a workplace ban on locs, a legal battle that experts said could prompt the court to shed much-needed light on what it takes to bring a disparate impact discrimination claim. 

  • November 18, 2025

    NY Court Skeptical Of Teacher Fired For Israel-Gaza Blog Post

    New York state's top court grappled Tuesday with the limits of a state law safeguarding workers' off-duty conduct as it mulled a former synagogue teacher's challenge to her firing over a blog post about Israel and Palestine, with one judge asking whether a hypothetical racist outburst would be protected.

  • November 18, 2025

    Asst. Gets New Try At Religious Bias Suit Over Wash. Vax Rule

    A divided Washington state appeals court panel said Tuesday a lower court was wrong to dismiss a legal assistant's lawsuit accusing the Washington State Attorney General's Office of wrongfully refusing her request for a religious accommodation to the state's COVID-19 vaccine mandate, reopening the suit.

  • November 18, 2025

    Noem Says US Security Behind Job Denial, Not Religious Tea

    Homeland Security Secretary Kristi Noem countered a job applicant's lawsuit alleging religious discrimination, telling a Florida federal court that the judiciary system lacks the authority to scrutinize the department's national security decisions.

  • November 18, 2025

    Trade Groups Want Justices To Mull Collective Standard

    Two trade associations urged the U.S. Supreme Court to put an end to a lack of guidance courts have to deal with when it comes to certifying collectives, backing Eli Lilly & Co. in its efforts to have the justices take up an age discrimination case.

  • November 18, 2025

    3rd Circ. Backs Burger King's Win In Miscarriage Bias Suit

    The Third Circuit upheld an arbitrator's ruling that Burger King didn't discriminate against an ex-employee's pregnancy when her superiors wouldn't relieve her when she miscarried during a shift, finding the arbitrator rationally determined that bias did not infect company decision-making.

  • November 18, 2025

    Latino Atty Drops Bias, Retaliation Suit Against Va. Law Firm

    A Latino former managing partner for an employee-side law firm told a Maryland federal court Tuesday that he agreed to end his lawsuit claiming he was fired for flagging bias and advocating to raise a Black attorney's pay.

  • November 18, 2025

    MVP: Wigdor's David E. Gottlieb

    David E. Gottlieb of Wigdor LLP tested the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, securing a significant win in a discrimination case that reached the Second Circuit and earning him a spot among the 2025 Law360 Employment MVPs.

  • November 18, 2025

    Arbitration Pact Can't Stop Busser's Harassment, Wage Suit

    A restaurant worker who claimed he was sexually harassed on the job and underpaid can keep his suit in New York federal court after a judge found that a law barring mandatory arbitration for sexual harassment disputes also shields his wage claims.

  • November 18, 2025

    Deaf Worker Rejected For Seeking Interpreter, EEOC Says

    A freight delivery company and a staffing firm revoked a deaf driver's job offer because she requested a sign language interpreter during orientation, the U.S. Equal Employment Opportunity Commission said in a suit.

  • November 17, 2025

    Union Accused Of Discrimination Against Worker With PTSD

    The Teamsters discriminated against a longtime employee with post-traumatic stress disorder by scheduling her to work during her therapy sessions and requiring her to rent cars, which triggers her, a lawsuit filed Monday in D.C. federal court alleges.

  • November 17, 2025

    GOP States Urge Justices To Clarify Collective Cert. Standard

    A coalition of 21 states and two business groups told the U.S. Supreme Court on Monday that lower courts' allegedly premature certification of collective actions drives up the cost of litigation and forces employers into multimillion-dollar settlements, backing Eli Lilly & Co. in a worker's age bias case.

  • November 17, 2025

    NJ Justices Unsure Boys & Girls Club Abuse Suit Belongs In NJ

    New Jersey Supreme Court justices on Monday appeared skeptical of the breadth of relief sought in litigation over alleged sexual abuse in the 1970s and '80s by a then-counselor at the Boys and Girls Clubs of America's Hudson County chapter, questioning where the line is drawn if they decide Garden State courts have personal jurisdiction over the nonprofit.

  • November 17, 2025

    NJ Prison Officer Can't Revive Retaliation Suit At 3rd Circ.

    The Third Circuit on Monday backed the dismissal of a Black New Jersey prison sergeant's suit claiming she was hit with a retaliatory 30-day suspension for filing complaints about her boss, saying she failed to show that the decision-maker behind the punishment knew of her grievances.

  • November 17, 2025

    Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach

    A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.

  • November 17, 2025

    Hospital Inks $335K Deal To End EEOC Gender Bias Suit

    A Kentucky federal judge signed off Monday on a $335,000 settlement to end a U.S. Equal Employment Opportunity Commission suit claiming a hospital system fired its chief nursing officer after she complained that she lost a promotion due to her gender.

  • November 17, 2025

    Fired Atty Says Debevoise Can't Force Arbitration Of ADA Suit

    An attorney who accused Debevoise & Plimpton LLP of unlawfully refusing to rehire him because he took protected medical leave has urged a New York federal court not to dismiss his suit or send it before an arbitrator, arguing an arbitration provision in an earlier settlement does not apply to new claims.

  • November 17, 2025

    MVP: Paul Hastings' Cameron W. Fox

    Cameron W. Fox, chair of Paul Hastings LLP's traditional labor practice group and partner in its employment law department, persevered through a trial during the Palisades and Eaton fires in Los Angeles and secured a win for Levi Strauss & Co. in a discrimination case where the jury reached a unanimous verdict in less than 20 minutes, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 17, 2025

    NY Jets Can't Force Fired Executive's Suit To Arbitration

    The New York Jets can't force a former finance executive to arbitrate her lawsuit alleging she was fired because her husband accused the team president of sexual harassment, a New Jersey state court ruled, saying her "convoluted" nondisclosure agreement doesn't unequivocally require handling retaliation claims out of court.

  • November 17, 2025

    9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case

    The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.

  • November 17, 2025

    Corporate Pilot Fired For Flagging Safety Concerns, Suit Says

    The former head of aviation for an oral surgery management services company in North Carolina says he was canned because of his age and hearing disability and for allegedly reporting flight scheduling practices that he said flouted federal safety laws.

  • November 17, 2025

    Tesla Wins Bid To Unwind Class In Race Harassment Suit

    A California judge said a class of thousands of Black workers should be disbanded in a suit alleging rampant racist harassment at Tesla's factory in Fremont, California, after the workers' lawyers faced difficulty in securing witness testimony and asked the court for a new trial plan. 

  • November 17, 2025

    Justices Won't Review Ex-Examiner's Patent Bar Rejection

    The U.S. Supreme Court on Monday turned away a former patent examiner's petition, which alleged that the U.S. Patent and Trademark Office wrongly rejected his request to practice before the agency based on a suspension he argued was improper.

  • November 17, 2025

    High Court Turns Away Ex-Atlanta Atty's Sex Harassment Suit

    The U.S. Supreme Court declined Monday to review a case from a former Atlanta city attorney who said the justices' 2024 Muldrow decision meant she should get another shot at sexual harassment claims against the city and the prominent civil rights lawyer she worked for.

  • November 14, 2025

    Pa. Firm Can't Sink ADA Suit From Former Legal Assistant

    A former legal assistant for Pennsylvania-based collection firm Tsarouhis Law Group can move ahead with her Americans with Disabilities Act lawsuit alleging the firm's refusal to accommodate her anxiety caused her to lose her job there after just about a week.

Expert Analysis

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Eye On Compliance: When Calif. Jobs Require Driver Licenses

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    With a California law banning unnecessarily requiring job applicants to have driver's licenses rolling out Jan. 1, employers should take to heart the law's goal of preventing discriminatory barriers while they assess and revise their employment materials for compliance, says Ani Khachatryan at Wilson Elser.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.