Discrimination

  • November 18, 2025

    Asst. Gets New Try At Religious Bias Suit Over Wash. Vax Rule

    A divided Washington state appeals court panel said Tuesday a lower court was wrong to dismiss a legal assistant's lawsuit accusing the Washington State Attorney General's Office of wrongfully refusing her request for a religious accommodation to the state's COVID-19 vaccine mandate, reopening the suit.

  • November 18, 2025

    Noem Says US Security Behind Job Denial, Not Religious Tea

    Homeland Security Secretary Kristi Noem countered a job applicant's lawsuit alleging religious discrimination, telling a Florida federal court that the judiciary system lacks the authority to scrutinize the department's national security decisions.

  • November 18, 2025

    Trade Groups Want Justices To Mull Collective Standard

    Two trade associations urged the U.S. Supreme Court to put an end to a lack of guidance courts have to deal with when it comes to certifying collectives, backing Eli Lilly & Co. in its efforts to have the justices take up an age discrimination case.

  • November 18, 2025

    3rd Circ. Backs Burger King's Win In Miscarriage Bias Suit

    The Third Circuit upheld an arbitrator's ruling that Burger King didn't discriminate against an ex-employee's pregnancy when her superiors wouldn't relieve her when she miscarried during a shift, finding the arbitrator rationally determined that bias did not infect company decision-making.

  • November 18, 2025

    Latino Atty Drops Bias, Retaliation Suit Against Va. Law Firm

    A Latino former managing partner for an employee-side law firm told a Maryland federal court Tuesday that he agreed to end his lawsuit claiming he was fired for flagging bias and advocating to raise a Black attorney's pay.

  • November 18, 2025

    MVP: Wigdor's David E. Gottlieb

    David E. Gottlieb of Wigdor LLP tested the reach of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, securing a significant win in a discrimination case that reached the Second Circuit and earning him a spot among the 2025 Law360 Employment MVPs.

  • November 18, 2025

    Arbitration Pact Can't Stop Busser's Harassment, Wage Suit

    A restaurant worker who claimed he was sexually harassed on the job and underpaid can keep his suit in New York federal court after a judge found that a law barring mandatory arbitration for sexual harassment disputes also shields his wage claims.

  • November 18, 2025

    Deaf Worker Rejected For Seeking Interpreter, EEOC Says

    A freight delivery company and a staffing firm revoked a deaf driver's job offer because she requested a sign language interpreter during orientation, the U.S. Equal Employment Opportunity Commission said in a suit.

  • November 17, 2025

    Union Accused Of Discrimination Against Worker With PTSD

    The Teamsters discriminated against a longtime employee with post-traumatic stress disorder by scheduling her to work during her therapy sessions and requiring her to rent cars, which triggers her, a lawsuit filed Monday in D.C. federal court alleges.

  • November 17, 2025

    GOP States Urge Justices To Clarify Collective Cert. Standard

    A coalition of 21 states and two business groups told the U.S. Supreme Court on Monday that lower courts' allegedly premature certification of collective actions drives up the cost of litigation and forces employers into multimillion-dollar settlements, backing Eli Lilly & Co. in a worker's age bias case.

  • November 17, 2025

    NJ Justices Unsure Boys & Girls Club Abuse Suit Belongs In NJ

    New Jersey Supreme Court justices on Monday appeared skeptical of the breadth of relief sought in litigation over alleged sexual abuse in the 1970s and '80s by a then-counselor at the Boys and Girls Clubs of America's Hudson County chapter, questioning where the line is drawn if they decide Garden State courts have personal jurisdiction over the nonprofit.

  • November 17, 2025

    NJ Prison Officer Can't Revive Retaliation Suit At 3rd Circ.

    The Third Circuit on Monday backed the dismissal of a Black New Jersey prison sergeant's suit claiming she was hit with a retaliatory 30-day suspension for filing complaints about her boss, saying she failed to show that the decision-maker behind the punishment knew of her grievances.

  • November 17, 2025

    Cos. Seek Wash. Justices' Clarity On Wage Disclosure Reach

    A McDonald's franchise operator and the operator of Jack in the Box restaurants asked the Washington Supreme Court to clear up the reach of a state law requiring job postings to list pay information in two related cases involving Houston Casualty Co.

  • November 17, 2025

    Hospital Inks $335K Deal To End EEOC Gender Bias Suit

    A Kentucky federal judge signed off Monday on a $335,000 settlement to end a U.S. Equal Employment Opportunity Commission suit claiming a hospital system fired its chief nursing officer after she complained that she lost a promotion due to her gender.

  • November 17, 2025

    Fired Atty Says Debevoise Can't Force Arbitration Of ADA Suit

    An attorney who accused Debevoise & Plimpton LLP of unlawfully refusing to rehire him because he took protected medical leave has urged a New York federal court not to dismiss his suit or send it before an arbitrator, arguing an arbitration provision in an earlier settlement does not apply to new claims.

  • November 17, 2025

    MVP: Paul Hastings' Cameron W. Fox

    Cameron W. Fox, chair of Paul Hastings LLP's traditional labor practice group and partner in its employment law department, persevered through a trial during the Palisades and Eaton fires in Los Angeles and secured a win for Levi Strauss & Co. in a discrimination case where the jury reached a unanimous verdict in less than 20 minutes, earning her a spot as one of the 2025 Law360 Employment MVPs.

  • November 17, 2025

    NY Jets Can't Force Fired Executive's Suit To Arbitration

    The New York Jets can't force a former finance executive to arbitrate her lawsuit alleging she was fired because her husband accused the team president of sexual harassment, a New Jersey state court ruled, saying her "convoluted" nondisclosure agreement doesn't unequivocally require handling retaliation claims out of court.

  • November 17, 2025

    9th Circ. Strikes Down Trans Patients' Win In ACA Bias Case

    The Ninth Circuit upended a win Monday for patients who challenged Blue Cross Blue Shield of Illinois' administration of their employer-provided health plans containing gender-affirming care exclusions, ordering a lower court to reexamine the case in light of intervening authority from the U.S. Supreme Court.

  • November 17, 2025

    Corporate Pilot Fired For Flagging Safety Concerns, Suit Says

    The former head of aviation for an oral surgery management services company in North Carolina says he was canned because of his age and hearing disability and for allegedly reporting flight scheduling practices that he said flouted federal safety laws.

  • November 17, 2025

    Tesla Wins Bid To Unwind Class In Race Harassment Suit

    A California judge said a class of thousands of Black workers should be disbanded in a suit alleging rampant racist harassment at Tesla's factory in Fremont, California, after the workers' lawyers faced difficulty in securing witness testimony and asked the court for a new trial plan. 

  • November 17, 2025

    Justices Won't Review Ex-Examiner's Patent Bar Rejection

    The U.S. Supreme Court on Monday turned away a former patent examiner's petition, which alleged that the U.S. Patent and Trademark Office wrongly rejected his request to practice before the agency based on a suspension he argued was improper.

  • November 17, 2025

    High Court Turns Away Ex-Atlanta Atty's Sex Harassment Suit

    The U.S. Supreme Court declined Monday to review a case from a former Atlanta city attorney who said the justices' 2024 Muldrow decision meant she should get another shot at sexual harassment claims against the city and the prominent civil rights lawyer she worked for.

  • November 14, 2025

    Pa. Firm Can't Sink ADA Suit From Former Legal Assistant

    A former legal assistant for Pennsylvania-based collection firm Tsarouhis Law Group can move ahead with her Americans with Disabilities Act lawsuit alleging the firm's refusal to accommodate her anxiety caused her to lose her job there after just about a week.

  • November 14, 2025

    Wash. County Fights Limits On Immigrants Working At Jails

    Washington's King County is challenging what it calls a "quirk" in Washington state law that unconstitutionally prohibits "lawfully present, work-authorized immigrants" from serving as corrections officers for local governments — though they can work in corrections at the state level.

  • November 14, 2025

    9th Circ. Judge Rips Feds For 'Trying To Suppress Speech'

    A Ninth Circuit panel expressed doubts Friday about the Trump administration's request to reconsider an order reinstating billions of dollars in University of California research grants in light of a recent U.S. Supreme Court ruling, with one judge objecting that "the government is trying to suppress, to penalize speech."

Expert Analysis

  • Recent Rulings Show When PIPs Lead To Employer Liability

    Author Photo

    Performance improvement plans may have earned their reputation as the last stop before termination, and while a PIP may be worth considering if its goals can be achieved within a reasonable time frame, several recent decisions underscore circumstances in which they may aggravate employer liability, says Noah Bunzl at Tarter Krinsky.

  • Legal Guardrails For AI Tools In The Hiring Process

    Author Photo

    Although artificial intelligence can help close the gaps that bad actors exploit in modern recruiting, its precision also makes it subject to tighter scrutiny, meaning new regulatory regimes should be top of mind for U.S.-centric employers exploring fraud-focused AI-enabled tools, say attorneys at Ogletree.

  • Employer Considerations After 11th Circ. Gender Care Ruling

    Author Photo

    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

    Author Photo

    An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
    Author Photo

    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

    Author Photo

    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.

  • Workday Case Shows Auditing AI Hiring Tools Is Crucial

    Author Photo

    Following a California federal court's recent decisions in Mobley v. Workday signaling that both employers and vendors could be held liable for discriminatory outcomes from artificial intelligence hiring tools, companies should consider two rigorous auditing methods to detect and mitigate bias, says Hossein Borhani at Charles River Associates.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

    Author Photo

    In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Personnel File Access Laws Pose New Risks For Employers

    Author Photo

    The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at Tannenbaum Helpern.

  • Examining The Quietest EEOC Enforcement Year In A Decade

    Author Photo

    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

  • State Paid Leave Laws Are Changing Employer Obligations

    Author Photo

    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

    Author Photo

    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Loper Bright's Evolving Application In Labor Case Appeals

    Author Photo

    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.