Discrimination

  • April 11, 2025

    Susman Godfrey Calls Trump Order 'Threat' To Rule Of Law

    Susman Godfrey LLP on Friday became the latest BigLaw firm targeted by President Donald Trump to hit back in D.C. federal court, saying his executive order revoking the firm's access to government resources needs to be shut down now before a "dangerous and perhaps irreversible precedent" is set.

  • April 11, 2025

    21 AGs Back WilmerHale, Jenner & Block Over Trump Order

    A coalition of 21 attorneys general Friday filed briefs in support of WilmerHale and Jenner & Block LLP as the firms challenge President Donald Trump's retaliatory executive orders in D.C. federal court, arguing that the directives unconstitutionally punish the firms for representing people and causes the president doesn't like.

  • April 11, 2025

    Pa. Bus Driver's Reinstatement Upheld In Harassment Case

    A Pennsylvania transit workers union can keep its win against a regional public transit operator over the firing of a bus driver accused of harassment, a state appellate court concluded Friday, finding that an arbitration award that changed the firing to a suspension drew its essence from the collective bargaining agreement.

  • April 11, 2025

    Dallas Jury Clears Omni Hotels Of Gender-Based Pay Bias

    A Dallas federal court jury on Friday cleared Omni Hotels Management Corp. of gender discrimination accusations in Omni's second go at defending against the suit before a jury, handing Omni a clean victory after the Fifth Circuit ordered a new trial.

  • April 11, 2025

    3 Things To Know As 2nd Circ. Clarifies NYC Marital Bias Law

    The Second Circuit's recent articulation that a New York City law barring discrimination based on marital status doesn't encompass who a person is married to lines up with recent state court precedent and may make it harder for some prospective plaintiffs to get marriage-related claims off the ground, experts say.

  • April 11, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Susman Godfrey LLP became the latest firm to sue President Donald Trump over an executive order aimed at its prior legal work and diversity, equity and inclusion practices, while five other firms–including Kirkland & Ellis LLP and Latham & Watkins LLP–reached accords with the Trump administration. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • April 11, 2025

    Judge Says Ex-Prof Can't Thread Needle Of Tenure Bias Claim

    Mercer University defeated a yearslong lawsuit from a former professor who alleged she was denied a tenured position due to her gender, as a Georgia federal judge ruled that the professor was asking the court to become "a super personnel department tasked with looking over the shoulders of a decisionmaker."

  • April 11, 2025

    Ex-Exec Alleges Rampant Sex Harassment At Car Auction Co.

    A female former human resources chief at an online vehicle auction company was fired for speaking up against male executives' unchecked sexual misconduct and reporting that women in leadership received less compensation than men, according to a complaint filed in Texas state court.

  • April 11, 2025

    Rebuffed Medical Pot Patient Can Pursue Disability Bias Claim

    A Pennsylvania federal judge has reinstated a medical marijuana user's disability bias claim in a lawsuit against a Cleveland-based construction company after revisiting a prior order, finding the company might have failed to explore alternative accommodations for the man's disabilities — apart from cannabis use — before rescinding a job offer.

  • April 11, 2025

    Black Worker Says BuzzFeed Axed Her Over Bias Complaints

    A Black BuzzFeed communications professional was fired for complaining that her boss and colleagues made inappropriate race-based comments and treated her worse than comparable white employees, the worker told a New York federal court.

  • April 11, 2025

    University Wants Fired Jewish Worker's Bias Suit Nixed

    An Orthodox Jewish worker who said Washington University unlawfully fired her and her supervisor yanked her leave to observe the High Holidays cannot show the misconduct she experienced was severe or directed just at her, the university told a Missouri federal court.

  • April 11, 2025

    Calif. Forecast: Tesla Seeks To Split Up WARN Suit

    In the coming week, attorneys should watch for a potential ruling on a motion to send a worker's individual WARN Act claims against Tesla to arbitration and stay or dismiss nonindividual claims the worker is bringing. Here's a look at that case and other labor and employment matters on deck in the Golden State.

  • April 11, 2025

    EPA Workers Allege Discrimination Over Indefinite Leave

    U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.

  • April 11, 2025

    Worker Seeks Full 6th Circ. Review Of Stomach Bug Bias Suit

    A former employee of a manufacturing component company urged the full Sixth Circuit to reconsider his suit claiming he was fired for needing time off to recover from a temporary stomach ailment, arguing an appeals panel ignored evidence of his disability when it upheld dismissal.

  • April 11, 2025

    5 BigLaw Firms Strike Deals With Trump Administration

    The world's highest-grossing law firm, Kirkland & Ellis LLP, is among a group of five BigLaw firms that have reached deals with President Donald Trump's administration to stave off executive orders that could have pulled their federal security clearances and hampered their ability to serve as legal counsel to the federal government and its contractors, according to social media posts by the president Friday.

  • April 10, 2025

    Omni Hotel Underpaid Woman Due To Bias, Dallas Jury Hears

    Counsel for a woman accusing Omni Hotels Management Corp. of gender discrimination told a federal jury in Dallas on Thursday that the company paid her less than her three male predecessors, capping off the woman's second attempt at getting a verdict to stick after the Fifth Circuit ordered a new trial.

  • April 10, 2025

    7th Circ. Probes Muldrow's Impact On United Age Bias Battle

    The Seventh Circuit grappled Thursday with whether the U.S. Supreme Court's landmark Muldrow decision meant it should revive a former United Airlines worker's age bias suit, pondering whether a negative performance review could be the basis for a valid discrimination case. 

  • April 10, 2025

    Expedia Forced Restroom Spy Cam Victim To Quit, Suit Says

    A former Expedia Inc. employee who was the victim of voyeurism via a bathroom spy camera at work alleges in a complaint filed in Washington state court that she was forced to resign after the company retaliated against her for wanting to work from home after the incident.

  • April 10, 2025

    Soulja Boy's Ex-Assistant Wins $4.25M At Trial Over Abuse

    A jury in California state court held Thursday that the rapper known as Soulja Boy must pay $4.25 million for physically and sexually abusing his live-in personal assistant for nearly two years, according to the plaintiff's counsel.

  • April 10, 2025

    6th Circ. Says Ex-Mortgage Co. Worker Can't Avoid Arbitration

    A Black former United Wholesale Mortgage account executive can't keep his lawsuit claiming he was fired for reporting coworkers' racist comments out of arbitration, the Sixth Circuit ruled Thursday, saying his memory lapse about agreeing to arbitrate didn't excuse him from complying.

  • April 10, 2025

    Elevance Beats Teacher's Bias Suit Over Weight Loss Drugs

    A Maine federal judge tossed a teacher's proposed class action claiming health insurer Elevance committed disability discrimination by declining to cover weight loss medication to treat obesity, finding she hadn't shown bias was behind her health plan's refusal to pay for the drugs.

  • April 10, 2025

    Congressional Bill Would Amend FMLA To Bar Clawbacks

    Employers would be forbidden to recover health insurance costs from workers who use the federal Family and Medical Leave Act and then choose not to return to work under a bill introduced in Congress. 

  • April 10, 2025

    3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit

    The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.

  • April 10, 2025

    CSX Accused Of Punishing Workers For FMLA Leave

    Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.

  • April 10, 2025

    Movie Theater Co. Inks $250K Deal In EEOC Age Bias Suit

    A movie theater chain has agreed to pay $250,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it forced an employee into retirement and pulled his health insurance after he turned 65, according to a Thursday court filing.

Expert Analysis

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • 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

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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.