Discrimination

  • April 18, 2025

    11th Circ. Won't Revive ADA Suit Over Remote Work Firing

    The Eleventh Circuit on Friday refused to revive a former call center director's Americans with Disabilities Act suit against a financial services company, holding that the company had legitimate reasons to fire her and reasonably accommodated her request to work from home due to her Crohn's disease during the COVID-19 pandemic.

  • April 18, 2025

    Split 6th Circ. Clarifies Scope Of Sexual Harassment Arb. Ban

    A split Sixth Circuit panel clarified on Friday that a new federal law banning the mandatory arbitration of sexual-harassment claims may apply to alleged misconduct that occurred before the law was enacted, while a dissenting judge slammed the majority's opinion as a "formula for disaster."

  • April 18, 2025

    Trump Moves For More Power To Hire, Fire Federal Workers

    The Office of Personnel Management on Friday proposed a rule that would give President Donald Trump's administration the power to hire and fire some 50,000 career federal employees, a move that federal worker unions say will allow the president "to replace qualified public servants with political cronies."

  • April 18, 2025

    Sunoco Accused Of Age Bias By Ex-Chief Counsel

    A former chief counsel for Sunoco LP sued her ex-employer in Texas state court Wednesday, alleging she was denied promotional opportunities and later terminated due to her age, while also accusing the company of replacing attorneys older than 50 with significantly younger attorneys with less experience.

  • April 18, 2025

    NBA's Suns Sued Again For Harassment, Toxic Workplace

    A third former employee of the Phoenix Suns in a five-month span has accused the NBA franchise of discrimination, retaliation and a hostile workplace, with a Hispanic woman suing the Suns on Friday in Arizona federal court.

  • April 18, 2025

    DC Circ. Revives Fired Workers' Bias Suit Over Vax Policy

    The D.C. Circuit on Friday revived claims by two Black employees of a union who allege they were disparately affected by a COVID-19 vaccination policy where more Black employees than white employees were fired if they didn't get vaccinated, saying their racial discrimination allegations regarding the policy "cross the line from conceivable to plausible."

  • April 18, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    The Trump administration faced off with two BigLaw firms in lawsuits over executive orders, a group of law students sued the U.S. Equal Employment Opportunity Commission over its demand for law firm diversity information and the American Bar Association was sued for race discrimination. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • April 18, 2025

    3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit

    The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.

  • April 18, 2025

    Philly Firm Leaders Form Employment, Civil Rights Boutique

    Attorneys out of Philadelphia and New Jersey have merged their practices to start a new law firm focused on employment, criminal, civil rights and survivor's rights law, the partners announced earlier this week.

  • April 18, 2025

    Calif. Forecast: Court Weighs $20M Raytheon Cos. Wage Deal

    In the coming week, attorneys should keep an eye out for potential initial approval of an almost $20 million class action settlement involving three Raytheon companies. Here's a look at that case and other labor and employment matters coming up in California.

  • April 18, 2025

    NJ Law Prof Given Chance To Amend Tossed Free Speech Suit

    A New Jersey federal judge has declined a law professor's request to revive her free speech suit against Kean University over alleged controversial statements made in class, finding she failed to show errors in law in his dismissal, but left the door open for her to amend her complaint.

  • April 18, 2025

    NY Forecast: Judge Hears Hospital's Bid To Nix Race Bias Suit

    In the coming week, a New York federal judge will consider a hospital's request to toss a suit brought by a doctor who claims she was discriminated against on the basis of her race and gender and retaliated against when she complained.

  • April 18, 2025

    Tesla Settles Black Production Worker's Race Bias Suit

    Tesla has agreed to settle a Black former production worker's suit claiming she was called racist slurs on the job and retaliated against for complaining that the facility fostered a culture of discrimination, according to a California federal court filing.

  • April 18, 2025

    NY State Settles Ex-Cuomo Aide's Sex Harassment Suit

    The state of New York agreed Friday to pay $450,000 to resolve a lawsuit claiming it didn't do enough to address allegations by a onetime aide to former Gov. Andrew Cuomo that he made inappropriate comments and sexual advances toward her.

  • April 18, 2025

    Fla. Law Seeks To 'Demonize' Trans Workers, Suit Says

    A transgender teacher was forced to quit after a Florida school district required him to use pronouns that didn't align with his gender identity under a state law that aims to "stigmatize and demonize" transgender workers, he told a federal court in a discrimination suit.

  • April 17, 2025

    3 Takeaways After ADA Suit Over High Heels Cleared For Trial

    A disability discrimination lawsuit by a fired cocktail waitress who'd asked to wear comfortable black shoes to work instead of the required high heels points to lessons employers can learn about workplace dress codes and how they intersect with sex and disability discrimination, experts told Law360. Here are three takeaways on the issue.

  • April 17, 2025

    USPS Escapes Fired Worker's Sex Harassment Suit

    A Washington federal judge sided with the U.S. Postal Service on Thursday in an ex-worker's harassment and retaliation suit claiming she was coerced into a sexual relationship by a supervisor and then fired for taking part, ruling that her claims were either untimely or lacked evidence of bias.

  • April 17, 2025

    EMT Org. Changes Scholarship Criteria To End Race Bias Suit

    An emergency medical technician trade association told a Mississippi federal court Thursday it will change its diversity scholarship program criteria to remove conditions based on applicants' race or ethnicity in order to resolve a medical advocacy group's bias suit.

  • April 17, 2025

    DOD Analyst Who Failed Polygraphs Meets Skeptical DC Circ.

    The D.C. Circuit on Thursday appeared to lean toward backing the U.S. Department of Defense's win in an intelligence analyst's disability discrimination suit alleging he was unlawfully reassigned after failing polygraph tests, though judges had pointed questions for both sides.

  • April 17, 2025

    Jenner & Block Fights DOJ Bid To Toss Exec Order Suit

    Jenner & Block LLP on Thursday urged a D.C. federal court to reject the government's bid to dismiss its lawsuit challenging President Donald Trump's executive order targeting the firm, saying the "legal profession as a whole is watching."

  • April 17, 2025

    Ex-NJ Prosecutor Says Whistleblower Suit Should Go To Trial

    A former deputy director of the Union County Prosecutor's Office who says she was demoted to "girl Friday" status after becoming a whistleblower told a state judge that her lawsuit should survive to go to trial because there are many factual disputes that a jury should decide.

  • April 17, 2025

    Morgan Stanley Ends Fight Over Worker's $1.6M Bias Award

    Morgan Stanley and a former employee told a North Carolina federal court Thursday that they have reached a deal to end the financial giant's legal challenge to a $1.6 million arbitration award handed to the ex-worker who claimed he was fired out of sex and age bias.

  • April 17, 2025

    Call Center Co. Agrees To End EEOC's Vision Bias Suit

    A call center operator will pay $250,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging the company fired a blind employee because she needed a screen reader, according to a Texas federal court filing.

  • April 17, 2025

    Beauty Lab Can't Bar Punitive Damages In EEOC Suit

    An Idaho federal judge rejected a beauty product manufacturer's bid to take potential punitive damages off the table in a U.S. Equal Employment Opportunity Commission suit claiming it wouldn't promote a Black chemist because she filed bias complaints, ruling the request was filed too late.

  • April 17, 2025

    Mansfield Rule Widely Adopted By BigLaw Faces DOJ Scrutiny

    A system for sourcing job candidates used by the vast majority of large U.S. law firms called the Mansfield Rule was highlighted by the U.S. Department of Justice in a court filing accusing Perkins Coie LLP of discriminatory hiring practices. However, employment law experts say the program appears to comply with federal antidiscrimination laws.

Expert Analysis

  • 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.

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • 5 Things For Private Employers To Do After Trump's DEI Order

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    Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.

  • Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs

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    Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.