Discrimination

  • June 24, 2025

    10th Circ. Says Ex-US Bank VP Can't Relitigate Bias Suit

    The Tenth Circuit backed the dismissal Tuesday of a suit from an ex-U.S. Bank executive who blamed his termination on age bias, ruling his state law allegations could have been addressed when his federal discrimination claim was resolved by a judge.

  • June 24, 2025

    4 State W&H Laws That Moved The Needle So Far In 2025

    In the first half of 2025, states tackled the litigation consequences of some statutes and continued the trend of developing employment laws that go far beyond the federal floor. Here, Law360 highlights four state law developments that stirred debate.

  • June 24, 2025

    ByteDance Can't Arbitrate Pay Bias Suit, Calif. Court Says

    A California state appellate court has rejected TikTok parent ByteDance Inc.'s bid to make a former employee arbitrate pay discrimination claims against it, saying that an underlying arbitration agreement was unenforceable for requiring her to arbitrate claims while preserving all the Chinese internet technology company's rights and remedies.

  • June 24, 2025

    Texas A&M Escapes Prof's Pregnancy Leave FMLA Suit

    A state appeals court freed Texas A&M University on Tuesday from a lawsuit brought by a professor who was denied tenure, finding that her pregnancy-related leaves fell under a portion of the Family Medical Leave Act under which the university has immunity.

  • June 24, 2025

    Worker Surveilled By Township Loses FMLA Suit At 6th Circ.

    The Sixth Circuit refused Tuesday to revive a suit from a highway department worker who claimed he was fired for taking medical leave, saying an Ohio township's position that a private investigator saw him doing construction work put the termination on solid ground.

  • June 24, 2025

    Ex-J&J Atty's Race Bias Suit Lacks Facts, Co. Argues

    Johnson & Johnson Services Inc. told a New Jersey federal court this week that a former in-house data privacy attorney suing the pharmaceuticals giant for discrimination failed to plead any facts supporting her allegation that the company passed her over for a job in favor of a less qualified candidate.

  • June 24, 2025

    DLA Piper Fired IT Worker Because Of Depression, Suit Says

    DLA Piper fired an information technology employee because of his depression and anxiety, he told a New York federal court, saying the firm cited a poor "culture fit" to gloss over terminating him at the end of his medical leave.

  • June 24, 2025

    Exec Says Event Co. Bosses Called Her Too Old For CFO Job

    A former vice president of finance at an endurance event operator has alleged in Massachusetts state court that the company considered her "too old for the C-suite" when it passed her over for the job of chief financial officer, then fired her in retaliation for complaining about age discrimination.

  • June 24, 2025

    Prior Salaries Not An Excuse For Gender Pay Gap, Vet Says

    An animal health company's argument that paying a female veterinary pathologist less than her male counterparts was not motivated by bias because the employer matched incoming male workers' prior salaries is not an adequate defense, she told a New Jersey federal court.

  • June 24, 2025

    Pregnant Worker Fired After Telework Request, EEOC Says

    A restaurant franchisee fired an employee after she announced she was pregnant and asked to work from home to manage her pregnancy-related nausea, the U.S. Equal Employment Opportunity Commission said in a suit filed in South Dakota federal court.

  • June 23, 2025

    Okla. Court Says Race Theory Law Excludes College Classes

    A group of civil rights advocates and their opponent, Oklahoma Attorney General Gentner Drummond, are both claiming victory after the state's high court determined that a 2021 law that blocks the teaching of certain racial and gender topics in public classrooms does not apply to academic speech in higher educational settings.

  • June 23, 2025

    4th Circ. Says Christian's Vaccine Bias Suit Needs 2nd Look

    The Fourth Circuit reinstated a lawsuit Monday accusing a Kaiser Permanente subsidiary of yanking a Christian woman's job offer after rejecting her request to sidestep its COVID-19 vaccine requirement, stating the lower court should reassess the sincerity of her beliefs in light of a recent circuit ruling.

  • June 23, 2025

    Michigan Must Face Christian Refugee Aid Provider's Bias Suit

    A federal judge said a Christian refugee resettlement agency may move ahead with claims that Michigan sought to force the agency to agree to hire non-Christians to be eligible for contracts.

  • June 23, 2025

    Telemarketer Strikes $85K Deal To End EEOC Race Bias Suit

    A telemarketing company agreed to pay $85,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it unlawfully fired a Black employee after falsely accusing her of using profanity during a customer call, according to a filing in Ohio federal court.

  • June 23, 2025

    Assistant DA Says Race Bias Led To Pay, Treatment Disparity

    An assistant district attorney alleged in North Carolina federal court that her boss, District Attorney Michael Waters, discriminated against her and other Black employees by treating them unfairly and paying them less than white colleagues.

  • June 23, 2025

    EEOC Accuses Restaurant Of Sex Harassment, Pay Bias

    The owner of a Missouri restaurant repeatedly made lewd comments to a female manager, paid her less than a male colleague and punished her when she tried to ignore his advances, the U.S. Equal Employment Opportunity Commission alleged in federal court.

  • June 23, 2025

    IT Co. Can't Get Justices To Review White Worker's Bias Suit

    The U.S. Supreme Court refused Monday to review a Third Circuit ruling that revived a proposed class action claiming a subsidiary of India-based Tech Mahindra unlawfully favored South Asian workers, despite the company's argument that the appeals court had deepened a circuit split.

  • June 20, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    A coalition of Democratic attorneys general convinced a federal judge to block the National Institutes of Health from nixing grants over their purported connections to diversity, equity and inclusion programs, and lawmakers in North Carolina advanced legislation to ban DEI in state employment. Here, Law360 looks at DEI-related legal developments from the past week that employment attorneys should know.

  • June 20, 2025

    Wash. AG Says Hops Farm Favored H-2A Workers Over Locals

    Washington state's attorney general launched a lawsuit on Friday accusing a hops grower of illegally firing local employees, often women, and replacing them with foreign farmworkers, abusing the federal H-2A temporary visa program for seasonal agricultural labor.

  • June 20, 2025

    Victoria's Secret Narrows Ex-Worker's Sex Harassment Suit

    A Pennsylvania federal judge trimmed claims from a former Victoria's Secret sales associate's suit claiming her boss made sexual comments and touched her inappropriately on the job, ruling she didn't file the proper pre-suit charges to keep her local and state claims in play.

  • June 20, 2025

    DC Circ. Backs Morrison Foerster In Black Atty's Bias Suit

    The D.C. Circuit affirmed Morrison Foerster LLP's win in a lawsuit from a Black lawyer who did contract work for the firm, ruling Friday that he hadn't provided enough details to draw parallels between him and white colleagues he said received opportunities and privileges he was denied.

  • June 20, 2025

    Texas Judge Clears Lockheed Of Worker's Retaliation Claims

    Lockheed Martin escaped retaliation and discrimination allegations from a fired mechanical inspector, a Texas federal judge ruled Friday, concluding the worker had not proved that race bias or whistleblowing led to his termination two years ago.

  • June 20, 2025

    NY Forecast: Judge Weighs Toss Of Doctor's Retaliation Suit

    In the coming week, a New York federal judge will consider a medical clinic's motion to dismiss a lawsuit brought by a former physician who claims he had his bonus withheld and was fired for complaining about conditions and practices at the clinic. Here, Law360 looks at this and other cases on the docket in New York.

  • June 20, 2025

    Judge Nixes Bias Carveout For Seventh-Day Adventist Orgs

    A Maryland federal judge narrowed a suit from two Seventh-day Adventist church organizations claiming the state's anti-employment bias law illegally prevents them from hiring workers based upon their faith, while also rejecting a bid to shield the organizations' hiring practices from the law.

  • June 20, 2025

    Trump Taps Atty Dropped By Biden For Eastern Ky. Fed. Court

    President Donald Trump has announced plans to nominate former Kentucky Solicitor General Chad Meredith to serve as a judge for the U.S. District Court for the Eastern District of Kentucky.

Expert Analysis

  • Handbook Hot Topics: Shifting Worker Accommodation Rules

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    Since President Donald Trump took office, many changes have directly affected how employers must address accommodation requests, particularly those concerning pregnancy-related medical conditions and religious beliefs, underscoring the importance of regularly reviewing and updating accommodation policies and procedures, say attorneys at Kutak Rock.

  • Shifting DEI Expectations Put Banks In Legal Crosshairs

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    The Trump administration's rollbacks on DEI-friendly policies create something of a regulatory catch-22 for banks, wherein strict compliance would contradict established statutory and administrative mandates regarding access to credit for disadvantaged communities, say attorneys at Husch Blackwell.

  • Compliance Tips After Court Axes EEOC's Trans Rights Take

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    A Texas federal court's recent decision struck portions of the U.S. Equal Employment Opportunity Commission's 2024 guidance pertaining to sexual orientation and gender identity under Title VII, barring their use nationwide and leaving employers unsure about how to proceed in their compliance efforts, say attorneys at Dorsey & Whitney.

  • 5 Insurance Claims That Could Emerge After NCAA Settlement

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    Following the recent NCAA class action settlement that will allow revenue sharing with college athletes, there may be potential management liability for universities, their executive leadership and boards that could expose insurers to tax, regulatory, breach of contract and other claims, says Sarah Abrams at Baleen Specialty.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Philly Law Initiates New Era Of Worker Protections

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    A new worker protection law in Philadelphia includes, among other measures, a private right of action and recordkeeping requirements that may amount to a lower evidentiary standard, introducing a new level of accountability and additional noncompliance risks for employers, say attorneys at Morgan Lewis.

  • Justices' Ruling Lowers Bar For Reverse Discrimination Suits

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    The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Proposed State AI Rule Ban Could Alter Employer Compliance

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    A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.

  • What Employers Can Learn From 'Your Friends & Neighbors'

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    The new drama series "Your Friends and Neighbors," follows a hedge fund firm manager who is terminated after an alleged affair with an employee in another department, and his employment struggles can teach us a few lessons about workplace policies, for cause termination and nonsolicitation clauses, says Anita Levian at Levian Law.

  • Water Cooler Talk: Performance Review Tips From 'Severance'

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    In the hit series "Severance," the eerie depiction of performance reviews, which drone on for hours and focus on frivolous issues, can instruct employers about best practices to follow and mistakes to avoid when conducting employee evaluations, say Tracey Diamond and Emily Schifter at Troutman.

  • A Look At Employer Wins In Title VII Suits Over DEI Training

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    Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.

  • Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny

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    Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.