Discrimination

  • April 03, 2026

    Calif. Forecast: Apple Seeks Toss Of Expert In OT Suit

    In the next week, attorneys should keep an eye out for a hearing on whether to exclude expert testimony in an overtime class action against Apple. Here's a look at that case and other labor and employment matters coming up in California.

  • April 03, 2026

    NYC Fights Sanctions Over Discovery In IVF Sex Bias Dispute

    New York City urged a federal judge to reject a gay couple's sanctions bid in their suit claiming a municipal health plan blocked them from receiving in vitro fertilization coverage out of discrimination, calling their concerns with the city's sluggish discovery production in the case premature.

  • April 03, 2026

    5th Circ. Won't Revive Former Houston Employee's Bias Suit

    The Fifth Circuit backed Houston's win over a former administrative specialist's lawsuit claiming it barred her husband from dropping her off close to work despite her physical disabilities, finding the city's actions were prompted by her refusal to comply with security procedures rather than bias.

  • April 03, 2026

    5 Argument Sessions Bias Attys Should Watch In April

    The Ninth Circuit will hear arguments in a stack of employment discrimination cases this month, including disputes addressing vaccine mandates, arbitration rules and workplace diversity programs, while the Second Circuit will tackle a high-profile sexual assault case against Fox News. Here, Law360 looks at five oral arguments that discrimination attorneys should keep tabs on in April.

  • April 03, 2026

    NY Forecast: Jeweler Moves To Toss Pregnancy Bias Suit

    This week, a New York federal judge will consider whether to dismiss a pregnancy discrimination lawsuit brought by a former general manager at a jeweler who claimed she was fired after taking maternity leave.

  • April 02, 2026

    Blake Lively's Sex Harassment Claim Tossed As Suit Proceeds

    Blake Lively's lawsuit against her "It Ends With Us" co-star Justin Baldoni and his production company will soon head to trial on her claims of retaliation but not on her other allegations, including sexual harassment, a Manhattan federal judge ruled Thursday.

  • April 02, 2026

    Morgan Stanley Boots VP's Sex Bias Suit To Arbitration

    A New York federal judge kicked a Black Morgan Stanley executive's race and gender bias suit to arbitration, ruling she couldn't invoke a law that blocks out-of-court resolutions for sexual misconduct disputes because the general mistreatment she allegedly faced didn't amount to sexual harassment.

  • April 02, 2026

    DLA Piper, Vax Refuser Reach Deal To End Religious Bias Suit

    DLA Piper has struck a deal to wrap up a Christian former employee's lawsuit claiming he was fired for refusing to get the COVID-19 vaccine because of his religious beliefs, an Illinois federal judge said Thursday.

  • April 02, 2026

    New Law360 Tool Tracks EEOC Subpoena Enforcement Suits

    The U.S. Equal Employment Opportunity Commission's recent win in a subpoena enforcement action against the University of Pennsylvania marked a noteworthy development in one of several high-profile EEOC suits seeking to pry information from employers that the agency is investigating. Law360's EEOC Subpoena Enforcement Tracker gives attorneys a new tool to stay up to date on these court battles.

  • April 02, 2026

    Air Force Wins Disability Bias Suit Over Pandemic Leave

    The U.S. Air Force won an early victory in a former assistant lodging manager's lawsuit alleging he was denied paid safety leave during the COVID-19 pandemic because of his disability, after an Arizona federal judge found he failed to show discrimination and did not exhaust administrative remedies.

  • April 02, 2026

    2nd Circ. Won't Revive White Parole Officer's Race Bias Suit

    The Second Circuit declined Thursday to reopen a white former parole officer's lawsuit alleging two Black supervisors assigned her a heavier workload and refused to give her a field partner, ruling she hadn't shown the actions were racially motivated.

  • April 02, 2026

    2nd Circ. Says ConEd Worker Can't Get Redo On Bias Trial

    The Second Circuit refused Thursday to grant a new trial for an ex-ConEd worker who secured a partially favorable verdict on claims that she was retaliated against for taking medical leave to treat breast cancer, ruling a lower court correctly found her witness tampering concerns were overblown.

  • April 02, 2026

    Tech Co. To Pay $495K To Resolve EEOC Nationality Bias Suit

    The U.S. arm of a global technology company will pay $495,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it refused to hire an Indian job applicant in his 60s because of his age and national origin, according to a filing in California federal court.

  • April 02, 2026

    County Worker's Sex Bias Suit Lacks Evidence, 2nd Circ. Says

    The Second Circuit backed the dismissal of a former New York county worker's sex bias suit claiming she was fired by her male boss out of gender discrimination, ruling that her case lacks evidence that prejudice drove the decision rather than concerns about her missing expertise.

  • April 01, 2026

    Novo Nordisk Unit Says Ex-Exec's Poor Work Dooms Bias Suit

    By the time she was fired, a finance director of Novo Nordisk unit NNE Inc. had been falling short of company expectations while the pharmaceutical giant was preparing to get a multibillion-dollar drug facility off the ground, NNE's counsel told a North Carolina federal court Wednesday.

  • April 01, 2026

    Fruits Of UPenn's Resistance Seen At Margins Of EEOC Win

    While the U.S. Equal Employment Opportunity Commission's victory in a contentious subpoena battle with the University of Pennsylvania affirmed the agency's expansive investigative authority, attorneys said a close read of Tuesday's decision also showed the value of pushing back on EEOC information bids.

  • April 01, 2026

    U. Of Chicago Grad Union Gets Antisemitism Suit Tossed

    An Illinois federal judge tossed a nonprofit's lawsuit claiming that University of Chicago graduate students were forced to pay fees to a union that the organization said was antisemitic, finding the disputed fee arrangement isn't considered a state action that falls within the scope of the First Amendment.

  • April 01, 2026

    Emory, Falcons Escape Ex-Team Doc's Race Bias Suit

    Emory Healthcare and the Atlanta Falcons defeated a Black doctor's lawsuit claiming he was denied leadership opportunities and then abruptly fired as the NFL team's head doctor, with a Georgia federal judge ruling his allegations were too flimsy to stay in court.

  • April 01, 2026

    Fast Food Co. Scolded For Anonymity Challenge In EEOC Suit

    A Kansas federal judge denied a Burger King franchisee's bid to unveil the name of a minor who said she was sexually abused by her manager in a U.S. Equal Employment Opportunity Commission harassment case, calling the company's objections to her continued anonymity "unfortunate and misguided."

  • April 01, 2026

    Home Contractor Inks $70K Deal To End EEOC Race Bias Suit

    A home contractor business has agreed to pay $70,000 to close a U.S. Equal Employment Opportunity Commission suit claiming it fired a Black employee out of retaliation after he complained that his coworkers called him racial slurs on the job.

  • April 01, 2026

    Attys Suing NBA's Suns Sanctioned For Fake Case Citations

    An Arizona federal judge has sanctioned two attorneys mounting a workplace harassment and discrimination suit against the NBA's Phoenix Suns, slamming the lawyers for using artificial intelligence to cite fake cases to strengthen their arguments.

  • April 01, 2026

    DHL Axed Worker Over Sickle Cell Disease, EEOC Says

    DHL violated federal disability bias law by firing an employee who asked for a work assignment that wouldn't exacerbate her sickle cell disease, the U.S. Equal Employment Opportunity Commission told a Georgia federal court.

  • April 01, 2026

    Dunkin' Stores Kept Disabled Staff Off Job, EEOC Says

    Fifteen Dunkin' franchisees and their management company have been hit with a U.S. Equal Employment Opportunity Commission complaint claiming employees with medical conditions or disabilities are forced to take unpaid leave until they can work without accommodations.

  • April 01, 2026

    Delivery Co. Forced Christian To Work Sundays, EEOC Says

    A mail delivery contractor forced a Christian driver to quit by failing to find someone else to take on a weekend delivery route that conflicted with his Sunday church services, the U.S. Equal Employment Opportunity Commission told a Nevada federal court.

  • March 31, 2026

    Card Room Co.'s Absence Policy Flouted PWFA, EEOC Says

    A Florida poker room operator flouted the Pregnant Workers Fairness Act by enforcing a rigid attendance policy that pushed female staff who needed time off for pregnancy-related reasons out of their jobs, the U.S. Equal Employment Opportunity Commission alleged Tuesday.

Expert Analysis

  • Tips As 6th Circ. Narrows Employers' Harassment Liability

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    In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

  • How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

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    With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

  • DOJ's New Initiative Puts Title IX Compliance In Spotlight

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    Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

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    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.