Discrimination

  • June 03, 2025

    Fisher Phillips Brings On Former Gap Counsel In Fla.

    A former in-house attorney for clothing giant Gap Inc. rejoined the private practice space as a partner in Fort Lauderdale, Florida, at Fisher Phillips, the firm announced Tuesday.

  • June 03, 2025

    IBM Nixed White Exec's Job Offer, Race Bias Suit Claims

    A white Massachusetts woman has alleged in a racial discrimination suit that she was in the final stages of being hired as an executive at IBM when the job offer was abruptly rescinded and the position was given to a candidate of Indian descent who was an acquaintance of someone involved in the hiring process.

  • June 03, 2025

    T-Mobile Can't Shut Down Ex-Employee's Race Bias Case

    T-Mobile can't end a former employee's suit claiming she was given a minimal bonus and eventually terminated because she's Black, a Washington state federal judge ruled, saying the company's assertion that she had performance issues was inconsistent with the evidence.

  • June 03, 2025

    The Law360 400: A Look At The Top 100 Firms

    A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.

  • June 03, 2025

    Fired Mercedes-Benz Apprentice Drops Bias Suit

    A Black former worker at Mercedes-Benz has dropped her remaining claims in a race and sex bias suit that targeted the automaker and a pair of staffing companies, wrapping up a case in which she claimed she was fired from an apprenticeship program after she complained that white men received better treatment.

  • 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.

Expert Analysis

  • 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.

  • Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

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    During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.