Discrimination

  • October 03, 2025

    9th Circ. Reopens Circle K Age Bias Suit Over Promotion

    The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.

  • October 03, 2025

    EEOC Can't Halt Suit Over Trans Advocacy Amid Shutdown

    A Maryland federal judge refused Friday to grant the U.S. Equal Employment Opportunity Commission's bid for a stay in a suit claiming the agency violated federal law by dropping gender identity discrimination cases, despite the government's argument that the ongoing shutdown meant the case couldn't move ahead.

  • October 03, 2025

    4 Takeaways As EEOC Closes Book On Fiscal Year

    The U.S. Equal Employment Opportunity Commission filed fewer lawsuits, but attorneys say that pregnancy and religious discrimination cases emerged as clear areas of focus for the commission. Here's a look at the cases the agency added to its docket in the 2025 fiscal year.

  • October 03, 2025

    College Prez Loses Emergency Bid In Whistleblower Suit

    A New Jersey federal judge has rejected a motion from the president of Rowan College at Burlington County seeking an emergency restraining order to block potential termination, amid a whistleblower lawsuit he brought alleging retaliation after he opposed what he described as unlawful actions taken by the school's board and legal counsel.

  • October 03, 2025

    Neil Gaiman Rape Suit Belongs In NZ, Not Wisc., Judge Says

    A Wisconsin federal judge Friday dismissed a former nanny's sexual assault lawsuit against "Sandman" author Neil Gaiman, saying the suit should be heard by a court in New Zealand, where the assaults described in the complaint took place.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 03, 2025

    Temple U., Cancer Center Beat Professor's Sex Bias Suit

    A Temple University cancer researcher can't sustain her suit alleging she was denied support for a grant application because she complained about a supervisor's unwelcome advances, a Pennsylvania federal judge ruled, saying one missed funding opportunity wasn't enough to show bias.

  • October 03, 2025

    Calif. Forecast: NLRB, Compressed Gas Co. Head To 9th Circ.

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments in a California-based National Labor Relations Board matter involving a gas supplier. Here's a look at that case and other labor and employment matters coming up in the Golden State.

  • October 03, 2025

    CORRECTION: Senate Advances Trump EEOC Pick's Nomination

    The Senate voted along party lines Friday to advance the nomination of an assistant U.S. attorney to serve on the U.S. Equal Employment Opportunity Commission, bringing the agency closer to a quorum and its full decision-making capacity.

  • October 03, 2025

    Mich. Defends Refugee Service Contract Choices In Bias Suit

    Two Michigan departments told a federal judge that a court order requiring the state to preserve a Christian nonprofit's refugee aid contracts while it pursues a religious liberty lawsuit against them would be both inappropriate and pointless.

  • October 03, 2025

    EEOC Pregnancy Bias Settlement Misses Mark For 3rd Time

    The U.S. Equal Employment Opportunity Commission failed for the third time to secure court approval of a $30,000 settlement agreement that would end a pregnancy bias case against a child advocacy organization, with a Pennsylvania federal judge saying he still wasn't satisfied.

  • October 02, 2025

    8th Circ. Won't Rehear Worker's Wrongful THC Firing Case

    The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.

  • October 02, 2025

    University Asks Court To Shield Religious Hiring Practices

    A private Christian university has urged a Seattle federal judge to find that a Washington antidiscrimination law infringes on its First Amendment rights to only hire job candidates who share its religious views, pursuing a pretrial win in its case against the state attorney general's office.  

  • October 02, 2025

    Boston Can't Fully Nix Muslim Firefighter's Vax Bias Suit

    A Massachusetts federal judge narrowed but declined to toss a Black Muslim ex-firefighter's suit claiming the city of Boston fired him and his union didn't have his back when he refused to get vaccinated against COVID-19 on religious grounds, finding he supported his claims with enough evidence of potential bias.

  • October 02, 2025

    Ohio Manufacturer To Fork Over $2M In EEOC Sex Bias Suit

    A private equity-owned manufacturer will pay $2 million to end an Ohio federal court suit by the U.S. Equal Employment Opportunity Commission alleging it refused to hire women for jobs on its production floor and fired a top human resources official who flouted that policy.

  • October 02, 2025

    American Airlines Tech Says Jury Should Decide Sex Bias Suit

    American Airlines and a transport workers union shouldn't be allowed to escape a technician's lawsuit claiming she was demoted from a crew chief position because of her sex, the worker told an Oklahoma federal court, arguing she'd done enough to send her bias case to trial.

  • October 02, 2025

    No Pay Owed To Flooring Co.'s Fired CEO, 11th Circ. Says

    The Eleventh Circuit won't revive a suit from the former CEO of flooring manufacturer Interface Inc. claiming he was bilked out of a severance package after allegedly going on a drunken tirade at a company function, ruling Thursday that the executive's appeal impermissibly tried to advance a new reading of his contract.

  • October 02, 2025

    Temple Beats Ex-Professor's Bias Suit Over Tenure Denial

    Temple University defeated a former assistant professor's lawsuit claiming he was denied tenure because he's a Chinese man with a chronic neuromuscular condition, as a Pennsylvania federal judge ruled he failed to connect that denial to his race or disability.

  • October 02, 2025

    Ill. Panel Backs Whistleblower's $3.5M Retaliation Verdict

    An Illinois appellate panel on Wednesday affirmed a $3.5 million verdict for a man who claimed he was unlawfully fired from a southern Illinois hospital system for reporting Medicare and Medicaid fraud and abuse, saying jurors saw evidence he and others faced retaliation when they "called attention to what they believed to be unlawful conduct." 

  • October 02, 2025

    Hegseth's New Whistleblower Memo Draws Criticism

    Defense Secretary Pete Hegseth's memorandum instructing military department heads to work with the agency's inspector general to identify whistleblowers who submit multiple "frivolous" complaints has drawn the ire of a whistleblower group that says the move undermines independent oversight.

  • October 02, 2025

    Dell Accused Of Firing In-House Atty On Maternity Leave

    Dell illegally fired an attorney in the midst of her maternity leave after repeatedly denying her promotion opportunities and handing them to her male colleagues instead, the attorney told a Massachusetts federal court.

  • October 02, 2025

    Legal Aid Attys End Suit Over Palestine Resolution Discipline

    Three legal aid attorneys have settled a labor lawsuit against their union, wrapping litigation in New York federal court that accused the Association of Legal Aid Attorneys of violating the Labor-Management Reporting and Disclosure Act by moving to discipline the members for suing to block a pro-Palestine resolution.

  • October 01, 2025

    NYT Wants Justin Baldoni To Cough Up Defamation Suit Fees

    The New York Times on Tuesday sued "It Ends With Us" director and star Justin Baldoni's production company, claiming the company must cover the $150,000 in legal fees and court costs the paper racked up while defending itself in defamation litigation that "had no basis in law or fact."

  • October 01, 2025

    Ex-Akerman Employment Partner Accuses Firm Of Race Bias

    A veteran employment attorney alleges in a California state lawsuit that Akerman LLP treated her less favorably than her non-Latino and male colleagues, including requiring her to deliver bad news to other attorneys' clients and not giving her adequate support staff, before firing her in retaliation for taking medical leave.

  • October 01, 2025

    4 Arguments For Bias Attorneys To Watch In October

    The Second Circuit will tackle tricky questions about the reach of a federal law curbing mandatory arbitration in workplace disputes involving sexual harassment or assault claims, the Third and Ninth circuits will weigh race bias battles and the Eighth Circuit will evaluate a religious discrimination case over COVID-19 testing. Here, Law360 looks at four argument sessions that discrimination attorneys should keep tabs on in the coming month.

Expert Analysis

  • 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.

  • It Ends With Us Having No Coverage?

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    A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.

  • New Federal Worker Religious Protections Test All Employers

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    A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.

  • Navigating Administrative Exhaustion In EEOC Charges

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    Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

  • Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities

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    In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.