Discrimination

  • October 06, 2025

    Walmart Settles EEOC Suit Over Sign Language Interpreters

    Walmart has agreed just days before a trial was set to start in Kansas federal court to pay two deaf workers $300,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the retail giant said it couldn't afford to provide the employees with on-the-job interpreters.

  • October 06, 2025

    Justices Won't Review EFAA's Effect On Wage Claims

    The U.S. Supreme Court rejected on Monday an invitation to consider whether the 3-year-old Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can also push workers' wage and hour claims into federal court.

  • October 06, 2025

    Justices Skip Unpaid Texas Tech Mentor's Retaliation Suit

    The U.S. Supreme Court declined on Monday to review a former Texas Tech University graduate research assistant's suit alleging she lost an unpaid mentor position for complaining about a professor's sexual harassment, leaving intact the Fifth Circuit's finding that she wasn't technically an employee.

  • October 06, 2025

    Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit

    The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.

  • October 06, 2025

    Justices Won't Hear Ex-Steel Co. Manager's Retaliation Suit

    The U.S. Supreme Court refused Monday to review a suit brought by a former steel company manager who said lower courts let his former employer use unverified misconduct allegations to shield itself from claims that he was fired for speaking out about racial bias.

  • October 06, 2025

    High Court Won't Revisit Packaging Co.'s Win In ADA Case

    The U.S. Supreme Court refused Monday to hear a former packing company worker's challenge to the dismissal of his suit claiming he was unlawfully placed on unpaid leave after he asked to be excused from climbing ladders because of an injury, letting the company's Sixth Circuit win stand.

  • October 06, 2025

    3 Pointers For Thoughtful Equal Pay Audits

    Disney must do regular equal pay audits as part of a recent $43 million settlement, which serves as a good reminder to employers about using such audits to weed out pay gaps, attorneys told Law360.

  • October 06, 2025

    Justices Decline Case Over Scope Of Forced Arbitration Ban

    The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.

  • October 06, 2025

    Justices Skip Fight Over NJ Healthcare Worker Vax Mandate

    The U.S. Supreme Court said Monday it won't review the challenge by four New Jersey nurses to New Jersey Gov. Phil Murphy's executive orders in the first three months of 2022 mandating a COVID-19 vaccine booster for healthcare workers.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    New York Jets Hit With Firing Suit Over Harassment Report

    A former finance executive for the New York Jets hit the team with a discrimination lawsuit in New Jersey state court alleging she was improperly fired because her husband had reported sexual harassment by team president Hymie Elhai toward female employees.

  • October 03, 2025

    11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal

    The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.

  • October 03, 2025

    Amazon Disputes Firing Worker On Maternity Leave

    Amazon has urged an Illinois federal judge to grant it summary judgment in an ex-worker's lawsuit alleging pregnancy-based discrimination, saying she was fired only after failing to return at the end of an extended leave period and that it reminded her at least five times that she needed to provide documentation to support a longer leave.

  • October 03, 2025

    Insurer Says No Coverage For Wage Disclosure Class Actions

    A Tokio Marine unit said it has no duty to defend or indemnify restaurant franchise operators accused of violating Washington's Equal Pay and Opportunities Act, telling a Washington federal court in two separate actions that the allegations do not trigger coverage under their respective employment practices liability insurance policies.

  • October 03, 2025

    Mich. Justices Send Anti-Muslim Bias Case To Appeals Court

    Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.

  • 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.

Expert Analysis

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • 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.