Discrimination

  • November 14, 2025

    Ex-Va. City Atty Tells 4th Circ. FMLA Doesn't Immunize Officials

    The Family and Medical Leave Act doesn't contemplate qualified immunity, a former Virginia city assistant attorney told the Fourth Circuit on Thursday, arguing that a municipal attorney cannot appeal a federal court's decision to let his FMLA suit go to trial.

  • November 14, 2025

    10th Circ. Sides With Rehab Facility In Bias, Retaliation Suit

    The Tenth Circuit refused Friday to reopen an occupational therapist's lawsuit claiming she was unceremoniously let go by a Kansas rehabilitation clinic for reporting a colleague's inappropriate behavior toward women, saying she couldn't revive her suit using arguments the trial court never considered.

  • November 14, 2025

    Vaccine Suit Plaintiffs Say Disbarred Atty Is Doing Legal Work

    Fired city workers suing Ann Arbor for not granting them religious exemptions to its COVID-19 vaccine mandate have told a Michigan federal judge that the discovery master appointed in the case has offloaded the majority of her work to a disbarred attorney the plaintiffs say is improperly doing legal work as a paralegal.

  • November 14, 2025

    MVP: Gibson Dunn's Jason Schwartz

    Jason C. Schwartz, co-chair of Gibson Dunn & Crutcher LLP's labor and employment practice, convinced Maryland's Supreme Court to create new case law in favor of his client Amazon clarifying the state's wage and hour statutes, earning him a spot as one of the 2025 Law360 Employment MVPs.

  • November 14, 2025

    Northern NY US Atty To Defend DOJ In Maurene Comey Suit

    The U.S. attorney's office for the Northern District of New York has agreed to defend the U.S. Department of Justice against a lawsuit from former FBI Director James Comey's daughter over what she calls her illegal firing, that office informed a New York federal judge this week.

  • November 14, 2025

    Manning Kass Hit With Age Bias Suit In Calif.

    Manning & Kass Ellrod Ramirez Trester LLP is facing an age bias lawsuit in California state court alleging a firm leader has made ageist comments at employees over 40 and is trying to drive those workers out of the firm.

  • November 14, 2025

    King & Spalding, Atty Move To End Bias Suit At 4th Circ.

    King & Spalding LLP and an attorney who complained that she didn't apply to a summer associate program as a straight, white woman because the firm sought diverse applicants have agreed to end her bias case, according to a filing in the Fourth Circuit.

  • November 14, 2025

    NJ Law Firm Blume Forte Wins Bid To Arbitrate Bias Claims

    A former staffer at Blume Forte Fried Zerres & Molinari PC had her disability discrimination suit against the firm sent to arbitration this week, with a New Jersey state court judge ruling she could not avoid an arbitration agreement because she did not recall signing it.

  • November 14, 2025

    Calif. Forecast: $50M Google Racial Bias Deal Up For Approval

    In the coming week, attorneys should watch for a hearing on a potential $50 million deal to resolve a proposed racial discrimination class action against Google. Here's a look at that case and other labor and employment matters on deck in California.

  • November 13, 2025

    EEOC's Kotagal Says Harassment Guidance On Thin Ice

    The U.S. Equal Employment Opportunity Commission's recently restored quorum sets the stage for its Republican majority to pursue an ambitious agenda that will include upending Biden-era guidance on workplace harassment "fairly quickly," Democratic Commissioner Kalpana Kotagal said at an American Bar Association event Thursday.

  • November 13, 2025

    Kraft Heinz, Vaccine Objector Settle Religious Bias Battle

    A former Kraft Heinz scientist who was fired for refusing to take the COVID-19 vaccine has resolved her religious discrimination lawsuit against the food company in the Seventh Circuit, her attorneys at First Liberty Institute announced Thursday.

  • November 13, 2025

    Transgender Troops Sue Air Force Over Lost Retirement Pay

    Seventeen transgender service members are accusing the U.S. Air Force of unlawfully rescinding their retirement orders following President Donald Trump's executive order barring transgender people in the military, saying in a lawsuit that the move resulted in lost pay and benefits.

  • November 13, 2025

    Amazon Can't Knock Out Warehouse Worker's Age Bias Suit

    A Utah federal judge tossed a former Amazon worker's claim that his Russian roots cost him his job but declined to dismiss his allegations that the company used bogus safety violations as a pretext to fire him due to his age.

  • November 13, 2025

    Housing Authority Pans 'Confusing' Bid To Revive Bias Claims

    The public housing authority in Charlotte, North Carolina, has called a former coordinator's attempt to revive long-dismissed claims in her hostile work environment case that already went to trial "confusing" and "frivolous," saying the court should dismiss her request outright.

  • November 13, 2025

    MVP: Duane Morris' Jennifer A. Riley

    Jennifer A. Riley of Duane Morris LLP helped Geico defeat conditional certification in a nationwide collective action, defended an industrial staffing company from California state law claims and helped several companies negotiate favorable settlements of wage and hour claims, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 13, 2025

    Barnard Fights Rehiring Dorm Worker Accused Of Harassment

    Barnard College should not have to reinstate the night-shift dorm attendant it fired after receiving a complaint that he pressured an Orthodox Jewish student to hug him, the college told a New York federal court Wednesday, saying it was within its rights to dismiss him for harassment.

  • November 13, 2025

    Union To Pay Attys $315K Who Dissented On Palestine Vote

    A union for legal aid lawyers and advocates agreed to pay $315,000 to three of its attorney members who said the labor group tried to kick them out for opposing a pro-Palestine resolution they saw as antisemitic, counsel for the attorney members said Thursday.

  • November 13, 2025

    AutoZone Settles Employee's FMLA Retaliation Dispute

    AutoZone has settled a Massachusetts employee's lawsuit claiming he was demoted because he took medical leave to deal with stress exacerbated by a supervisor's ageist comments, according to a federal court filing.

  • November 13, 2025

    Harvard Manager Told Ill Worker To 'Meditate,' Suit Says

    A former audiovisual department employee at Harvard University says a supervisor responded to her request for accommodation during an illness by increasing her workload and advising her to "meditate," then fired her during a second medical leave, according to a suit filed in Massachusetts state court.

  • November 12, 2025

    Refugee Aid Org Seeks Enforcement Of First Amendment Deal

    A Christian nonprofit urged a federal judge on Tuesday to force Michigan labor departments to follow through on a settlement to resolve the organization's claims that the state forced it to hire non-Christians to qualify for refugee aid contracts, saying Michigan agreed to terms but now refuses to move forward.

  • November 13, 2025

    Military Workplace Rights Need Attention, Expert Says

    Brad Kelley, a veteran and a shareholder with Littler Mendelson PC, said the Uniformed Services Employment and Reemployment Rights Act is a critical statute for the rights of service members, but the lack of awareness of it means it’s a “weak law.” Here, Law360 speaks with Kelley about why USERRA deserves some spotlight.

  • November 12, 2025

    LGBTQ+ Group Rips 'Startling' EEOC Claims In Trans Case

    An LGBTQ+ advocacy group urged a Maryland federal judge to reject the U.S. Equal Employment Opportunity Commission's "startling arguments" that the court can't interfere with its decision to stop investigating transgender bias charges, arguing the EEOC's bid to dismiss the organization's suit challenging the policy rings hollow.

  • November 12, 2025

    Weinstein Prosecutors Say Jury Squabbles Can't Undo Verdict

    The Manhattan District Attorney's Office on Wednesday scoffed at Harvey Weinstein's attempt to wipe out his June sexual assault convictions, arguing that the court appropriately addressed "scattered instances of contentious interactions between jurors" during trial, and post-trial testimony from two jurors cannot be used to impeach the guilty verdict.

  • November 12, 2025

    Chicken Chain's $300K Deal Ends EEOC Sex Harassment Suit

    A chicken restaurant chain agreed to shell out $300,000 to end a U.S. Equal Employment Opportunity Commission suit claiming that higher-ups sat idly by while a shift manager sexually harassed female employees, according to a federal court filing. 

  • November 12, 2025

    Judge Questions EEOC's Halt On Disparate Impact Probes

    A D.C. federal judge wondered Wednesday whether he had the authority to force the U.S. Equal Employment Opportunity Commission to continue probing disparate impact discrimination claims after an April executive order stopped all such investigations in their tracks.

Expert Analysis

  • 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.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.

  • Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.