Discrimination

  • 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, Company 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

    Justices Leave Door Open For Retirement Benefit Bias Claims

    The U.S. Supreme Court recently ruled against a retired firefighter and held that the Americans with Disabilities Act suit doesn't prohibit discrimination against people who have left the workforce, but the high court didn't completely foreclose discrimination claims over post-employment benefits.

  • 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

    Courts Chip Away At Biden-Era EEOC Policies In 2025

    The first half of 2025 saw federal courts knock down key provisions of U.S. Equal Employment Opportunity Commission regulations and guidance that aimed to safeguard pregnant workers and LGBTQ employees, but experts say the legal underpinnings of those policies are still intact.

Expert Analysis

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

    Author Photo

    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.

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

    Author Photo

    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts

    Author Photo

    Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.

  • Disparate Impact Theory Lives On Despite Trump Order

    Author Photo

    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

    Author Photo

    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

    Author Photo

    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

    Author Photo

    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

    Author Photo

    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

    Author Photo

    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Employer Tips For Navigating Cultural Flashpoints Litigation

    Author Photo

    A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

    Author Photo

    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

    Author Photo

    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

    Author Photo

    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.