Discrimination

  • June 02, 2025

    Penn Gets Students' Antisemitism Suit Thrown Out, For Now

    A Pennsylvania federal judge on Monday threw out a suit accusing the University of Pennsylvania of fostering a "pervasively hostile educational environment" for Jewish students, ruling that the students haven't plausibly alleged that the university excluded and failed to protect them.

  • June 02, 2025

    9th Circ. Doubts Professor's DEI Free Speech Fight

    A Ninth Circuit panel appeared skeptical Monday of a professor's effort to revive his constitutional challenge of the California Community Colleges Board's diversity, equity, inclusion and accessibility regulations, with one judge noting the board hasn't enforced the rules and another judge criticizing the professor for declining to amend his suit.

  • June 02, 2025

    'Doctor Odyssey' Crew Sues Disney Over Sex Harassment

    Disney and Twentieth Century Fox were hit with a sexual harassment and retaliation suit in California state court by crew members on the first season of the ABC series "Doctor Odyssey," alleging they were terminated after complaining about sexual harassment and hostility they endured by the department's managers. 

  • June 02, 2025

    5th Circ. Seems Unsure About Diabetic Worker's Bias Suit

    The Fifth Circuit on Monday appeared hesitant to revive a disability discrimination suit brought against a construction product manufacturer by a diabetic former employee, with several judges questioning whether the worker presented enough evidence that her firing was a pretext for bias.

  • June 02, 2025

    Jenner & Block Ruling 'Meant What It Said,' Judge Tells Feds

    The order striking down the Trump administration's executive order targeting Jenner & Block LLP "meant what it said," a Washington, D.C., federal judge ruled Monday, saying the government must rescind enforcement of all parts of the president's directive.

  • June 02, 2025

    Amazon Gets Sex Bias Claims Cut From Ex-Worker's Bias Suit

    Amazon escaped part of a former executive assistant's lawsuit alleging he was passed over for promotions and belittled by a supervisor because he's Black and gay, with a Georgia federal judge on Monday adopting a report that found several of his claims were filed too late.

  • June 02, 2025

    Ala. Capital Beats Ex-Police Chief's Race Bias, Retaliation Suit

    The city of Montgomery, Alabama, defeated a Black former police chief's lawsuit claiming the mayor forced him out for failing to give preferential treatment to Black employees, with a federal judge saying he couldn't overcome the argument that low morale and a high crime rate spurred the city to seek his resignation.

  • June 02, 2025

    Google Wants Ex-Sales Rep's $2M Commission Suit Tossed

    Google urged a Connecticut federal court to ax a former Google Cloud salesman's suit alleging that the company owes him $2 million in commissions and fired him while he underwent cancer treatments to dodge insurance benefits, saying his claims can't stand.

  • June 02, 2025

    3rd Circ. Backs Religious Bias Suit Over Fire Dept. Beard Ban

    The Third Circuit ruled that Atlantic City, New Jersey, may have been able to accommodate a fire department worker who wanted to grow a beard under his Christian beliefs, partially reinstating the worker's suit claiming he was illegally denied a carveout to the grooming policy.

  • June 02, 2025

    Trump Budget Proposes OFCCP Elimination, EEOC Cuts

    President Donald Trump's administration has proposed eliminating the Office of Federal Contract Compliance Programs and shifting some of its remaining responsibilities to the U.S. Equal Employment Opportunity Commission, which itself would see a nearly $20 million budget reduction.

  • June 02, 2025

    Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI

    In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.

  • June 02, 2025

    Fisher Phillips Adds New Houston Leader From Reed Smith

    Employer-side labor and employment firm Fisher Phillips announced Monday that it has added a new hire in Houston from Reed Smith LLP who will serve as regional managing partner of the office.

  • June 02, 2025

    Performance Issues Doom Pregnancy Bias Suit, 4th Circ. Says

    The Fourth Circuit declined to revive a suit from a medical center worker who said she was fired for requesting an eight-hour workday to manage her pregnancy complications, ruling she failed to overcome ample evidence that recurring performance issues caused her termination.

  • June 02, 2025

    Jackson, Sotomayor Bristle As High Court Skips Bias Suit

    The U.S. Supreme Court's decision Monday to pass on a Black dancer's race discrimination case sparked objections from Justices Ketanji Brown Jackson and Sonia Sotomayor, who said the Fifth Circuit's conclusion that the performer filed suit too late was "patently erroneous."

  • May 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.

  • May 30, 2025

    11th Circ. Revives Ex-Employment Agency Worker's Bias Suit

    The Eleventh Circuit reopened a former employment agency worker's lawsuit claiming she was unlawfully fired based on rumors she was having an affair with an executive, ruling Friday that a lower court should've given her a chance to amend her case before tossing it for good.

  • May 30, 2025

    What To Know As Trump's Vision Changes EEOC Partnerships

    The U.S. Equal Employment Opportunity Commission recently said it will stop reimbursing state and local regulators for investigating claims of gender identity and disparate impact discrimination. Here's what experts say workers and employers should know about the EEOC's partnerships and the impact President Donald Trump's directives may have on them.

  • May 30, 2025

    8th Circ. Sends Fired Diabetic Worker's FMLA Claim To Trial

    The Eighth Circuit revived Friday an ex-manager's claim that a Hardee's franchisee interfered with her right to medical leave when she was fired for missing work following a diabetic episode, ruling a jury needs to consider whether the company knew she needed leave when she was sacked.

  • May 30, 2025

    Insurance Cos. Can't Force Arbitration Of Race, Sex Bias Suits

    American Income Life Insurance Co. and a brokerage firm can't make Black and female former employees arbitrate several lawsuits claiming they were forced to endure rampant harassment, a New Jersey state appeals court ruled Friday, saying the workers' arbitration agreement didn't properly explain what they were giving up.

  • May 30, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    A federal judge struck down a presidential executive order against the law firm WilmerHale in a forceful decision, the state of Missouri fought to keep its anti-DEI lawsuit against Starbucks alive and the U.S. Office of Personnel Management laid out a blueprint for steering the federal hiring system away from what it called bureaucratic "'equity' quotas." ​​​​​​​Here, Law360 looks at notable DEI-related legal developments over the past week.

  • May 30, 2025

    Ga. Panel Ends County Workers' Whistleblower Suit

    A Georgia appellate panel said that Fulton County should have been handed an early win in a whistleblower suit from two ex-employees who said they were canned for reporting corruption by an elected official, ruling the county was justified in firing them for their own financial indiscretions.

  • May 30, 2025

    6 Argument Sessions Bias Attorneys Should Watch In June

    The Eighth Circuit will hear from an ex-principal who said she was illegally pushed out after advocating for LGBTQ+ students and authorizing a Pride flag in an inclusivity display, while the Ninth Circuit will consider whether a religious employer can avoid having Washington state's anti-discrimination law enforced against it. Here, Law360 looks at six argument sessions discrimination attorneys should have on their radar.

  • May 30, 2025

    Atlanta Seeks Win In Ex-Building Officials' Age Bias Suit

    A former Atlanta building official has failed to show his age was the deciding factor in not being promoted to a chief inspector role, the city told a federal court, urging it to toss the man's discrimination lawsuit.

  • May 30, 2025

    Sikorsky Aircraft Workers Can't Back Bias Claims, Court Told

    Two Black ex-employees should lose their federal racial discrimination lawsuit against Sikorsky Aircraft Corp. because one was fired for stealing time, and the other has shown "no evidence of any adverse employment action," the company said in seeking summary judgment Thursday.

  • May 30, 2025

    Calif. Forecast: State Justices Weigh Good-Faith Wage Args

    In the coming week, attorneys should watch for California Supreme Court oral arguments regarding what an employer must show for a good faith defense in a wage case. Here's a look at that case and other labor and employment matters on deck in the Golden State.

Expert Analysis

  • 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.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny

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    The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.

  • How PAGA Reform Can Inform Employer Strategies In 2025

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    While recent changes to California's Private Attorneys General Act will not significantly reduce PAGA claims, employers can use the new law to potentially limit their future exposure, by taking advantage of penalty reduction opportunities and more, say attorneys at Thompson Coburn.

  • How Deregulation Could Undermine Trump's Anti-DEI Agenda

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    While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.

  • Trump Should Pass On Project 2025's Disparate Impact Plan

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    The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.