Discrimination

  • August 07, 2026

    NY Forecast: Judge Weighs Blocking Farm Labor Contract

    In the week ahead, a New York federal judge will consider a worker's request to block a labor contract implemented at an upstate farm after an arbitration process laid out in a state law granting union rights to farmworkers.

  • August 06, 2026

    DOJ Says Duke Law Favors Black, Hispanic Applicants

    Duke University School of Law intentionally discriminated against prospective white and Asian students in its efforts to pursue racial diversity in its incoming classes, the U.S. Department of Justice asserted Thursday.

  • August 06, 2026

    Mark Zuckerberg's Foundation Can Arbitrate Gender Bias Suit

    A California federal judge on Thursday sent to arbitration claims that the foundation run by Meta CEO Mark Zuckerberg and his wife Priscilla Chan discriminated against women, saying the suit's sexual harassment claims weren't sufficiently severe or pervasive to invalidate the plaintiff's arbitration agreement.

  • August 06, 2026

    5th Circ. Revives Ex-College Tech Worker's Disability Bias Suit

    A split Fifth Circuit panel gave a former college technology manager a second shot at alleging she was fired for taking medical leave to deal with neurological disabilities, ruling that a jury should weigh whether discrimination or performance issues led to her termination.

  • August 06, 2026

    Circuits Aren't Waiting On High Court To Rein In Bias Test

    The U.S. Supreme Court's recent refusals to revisit a long-standing employer-friendly framework for evaluating workers' discrimination claims have led federal appellate courts to explore ways to narrow the doctrine's reach without the high court's help, experts said.

  • August 06, 2026

    EEOC Says Truck Co.'s Training Policy Shortchanged Women

    A trucking company and its driver training affiliate discriminated against female students by letting some male trainers refuse to pair with them and seeking their spouses' sign-off for a male teacher to be assigned, the U.S. Equal Employment Opportunity Commission alleged in Texas federal court.

  • August 06, 2026

    Mich. Contractor, Teamsters Defeat Driver's Race Bias Claim

    A former truck driver has lost his race discrimination lawsuit against Doan Construction Co. and a Teamsters local after a Michigan federal judge found the company reasonably believed it fired him for punching a co-worker and the union properly declined to take his grievance to arbitration. 

  • August 06, 2026

    Rowan University Vet School Hit With 3 Discrimination Suits

    Rowan University's new veterinary school was hit with three separate discrimination suits in New Jersey state court from a professor, a technician and an ophthalmologist who each claim the fledgling institution retaliated against them and mishandled disability‑related concerns during the animal hospital's launch.

  • August 06, 2026

    Fisher Phillips Grows With Pair Of NJ Employment Litigators

    Management-side labor law firm Fisher Phillips has brought aboard a pair of new partners in New Jersey who bring deep experience in employment litigation from Carmagnola & Ritardi LLC and Kaufman Dolowich LLP, the firm said Wednesday.

  • August 06, 2026

    Rising Star: Phillips & Associates' Melissa Berouty

    Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who claimed whistleblower retaliation, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2026

    Fired Immigration Judge Sues DOJ Over Bias Claims

    A Democratic immigration judge fired days before her position became permanent has sued the U.S. Department of Justice, saying the Constitution does not give the president authority to discriminate against civil service employees.

  • August 06, 2026

    11th Circ. Erases Worker's $800K Win In Dreadlock Bias Suit

    The Eleventh Circuit scrapped an $800,000 verdict in favor of a Black worker who claimed she was let go after complaining that she'd been racially targeted for wearing dreadlocks, ruling faulty jury instructions meant the security company she worked for should get a new trial.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    7th Circ. Backs Wis. Court System's Sex Harassment Suit Win

    The Seventh Circuit has refused to reinstate a former court reporter's workplace sex harassment lawsuit against the Wisconsin state court system and a former judge, saying the alleged misconduct was too sparse to be actionable.

  • August 05, 2026

    Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules

    A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual disputes remain over whether the university's course format change was retaliatory.

  • August 05, 2026

    A State Law Cheat Sheet For Discrimination Attorneys

    Maine's new law imposing pay transparency requirements on employers' advertisements for open jobs took effect, and Illinois' governor signed a bill that enshrines the concept of disparate impact discrimination into state antidiscrimination law. Here, Law360 looks at several state-level legislative developments over the past week that discrimination lawyers should know about.

  • August 05, 2026

    Rising Star: Littler's Rocio Blanco Garcia

    Littler Mendelson PC shareholder Rocio Blanco Garcia's litigation work helped to clarify how employers can beat whistleblower cases in the Eleventh Circuit, and her advisory work gave thousands of employees of a Florida county access to paid parental leave, earning her a spot among the employment lawyers under age 40 honored by Law360 as Rising Stars.

  • August 05, 2026

    Calif. Hotel To Pay $2.75M To End COVID Rehiring Probe

    An Anaheim, California, Marriott hotel will pay $2.75 million to resolve a state Labor Commissioner's Office investigation into allegations that it violated state law by failing to rehire two dozen employees who were laid off during the pandemic, the agency announced.

  • August 05, 2026

    UPS Driver Says Late Sick Pay Can't Sink Colo. Suit

    A UPS driver urged a Colorado federal judge to reject the company's early win bid in a proposed class action, arguing late payments cannot erase paid-sick-leave violations.

  • August 05, 2026

    Penn Orgs Ask 3rd Circ. To Nix EEOC Subpoena Order

    Groups affiliated with the University of Pennsylvania urged the Third Circuit to nix a lower court's order mandating the school's compliance with a U.S. Equal Employment Opportunity Commission subpoena seeking information about Jewish employees, arguing an agreement between the commission and Penn doesn't fully protect workers and students.

  • August 04, 2026

    OpenAI To Pay $3.2M In DOJ Visa Worker Bias Settlement

    OpenAI and its subsidiary will pay $3.2 million to settle allegations from the U.S. Department of Justice's Civil Rights Division that the technology giant discriminated against U.S. workers in favor of workers with temporary employment visas in violation of the Immigration and Nationality Act, the DOJ announced Tuesday.

  • August 04, 2026

    Mich. Trooper's Bias Claim Barred By 6-Month Notice Rule

    A state trooper's disability discrimination claim against the Michigan State Police qualifies as a personal injury claim subject to a six-month notice deadline, a Michigan appellate court has determined. 

  • August 04, 2026

    5th Circ. Scrutinizes Ex-Cop's Sex Bias Suit Over Sick Leave

    The Fifth Circuit on Tuesday closely examined the timeline of events in a former Louisiana cop's lawsuit alleging she was demoted for complaining that men were given more leeway on medical leave, and one judge wondered about a nonexistent case citation in the ex-officer's brief.

Expert Analysis

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Navigating The Use Of AI Tools In Workplace Investigations

    Excerpt from Practical Guidance
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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.