Discrimination

  • August 06, 2026

    Rising Star: Phillips & Associates' Melissa Berouty

    Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who claimed whistleblower retaliation, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 06, 2026

    Fired Immigration Judge Sues DOJ Over Bias Claims

    A Democratic immigration judge fired days before her position became permanent has sued the U.S. Department of Justice, saying the Constitution does not give the president authority to discriminate against civil service employees.

  • August 06, 2026

    11th Circ. Erases Worker's $800K Win In Dreadlock Bias Suit

    The Eleventh Circuit scrapped an $800,000 verdict in favor of a Black worker who claimed she was let go after complaining that she'd been racially targeted for wearing dreadlocks, ruling faulty jury instructions meant the security company she worked for should get a new trial.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    7th Circ. Backs Wis. Court System's Sex Harassment Suit Win

    The Seventh Circuit has refused to reinstate a former court reporter's workplace sex harassment lawsuit against the Wisconsin state court system and a former judge, saying the alleged misconduct was too sparse to be actionable.

  • August 05, 2026

    Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules

    A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual disputes remain over whether the university's course format change was retaliatory.

  • August 05, 2026

    A State Law Cheat Sheet For Discrimination Attorneys

    Maine's new law imposing pay transparency requirements on employers' advertisements for open jobs took effect, and Illinois' governor signed a bill that enshrines the concept of disparate impact discrimination into state antidiscrimination law. Here, Law360 looks at several state-level legislative developments over the past week that discrimination lawyers should know about.

  • August 05, 2026

    Rising Star: Littler's Rocio Blanco Garcia

    Littler Mendelson PC shareholder Rocio Blanco Garcia's litigation work helped to clarify how employers can beat whistleblower cases in the Eleventh Circuit, and her advisory work gave thousands of employees of a Florida county access to paid parental leave, earning her a spot among the employment lawyers under age 40 honored by Law360 as Rising Stars.

  • August 05, 2026

    Calif. Hotel To Pay $2.75M To End COVID Rehiring Probe

    An Anaheim, California, Marriott hotel will pay $2.75 million to resolve a state Labor Commissioner's Office investigation into allegations that it violated state law by failing to rehire two dozen employees who were laid off during the pandemic, the agency announced.

  • August 05, 2026

    UPS Driver Says Late Sick Pay Can't Sink Colo. Suit

    A UPS driver urged a Colorado federal judge to reject the company's early win bid in a proposed class action, arguing late payments cannot erase paid-sick-leave violations.

  • August 05, 2026

    Penn Orgs Ask 3rd Circ. To Nix EEOC Subpoena Order

    Groups affiliated with the University of Pennsylvania urged the Third Circuit to nix a lower court's order mandating the school's compliance with a U.S. Equal Employment Opportunity Commission subpoena seeking information about Jewish employees, arguing an agreement between the commission and Penn doesn't fully protect workers and students.

  • August 04, 2026

    OpenAI To Pay $3.2M In DOJ Visa Worker Bias Settlement

    OpenAI and its subsidiary will pay $3.2 million to settle allegations from the U.S. Department of Justice's Civil Rights Division that the technology giant discriminated against U.S. workers in favor of workers with temporary employment visas in violation of the Immigration and Nationality Act, the DOJ announced Tuesday.

  • August 04, 2026

    Mich. Trooper's Bias Claim Barred By 6-Month Notice Rule

    A state trooper's disability discrimination claim against the Michigan State Police qualifies as a personal injury claim subject to a six-month notice deadline, a Michigan appellate court has determined. 

  • August 04, 2026

    5th Circ. Scrutinizes Ex-Cop's Sex Bias Suit Over Sick Leave

    The Fifth Circuit on Tuesday closely examined the timeline of events in a former Louisiana cop's lawsuit alleging she was demoted for complaining that men were given more leeway on medical leave, and one judge wondered about a nonexistent case citation in the ex-officer's brief.

  • August 04, 2026

    9th Circ. Chilly Toward USPS Worker's Sex Harassment Suit

    The Ninth Circuit on Tuesday appeared skeptical about reviving a former U.S. Postal Service clerk's suit alleging she was coerced into a sexual relationship by a superior and fired for taking part, with one judge saying the worker is facing an uphill battle in proving that her firing was pretextual.

  • August 04, 2026

    5th Circ. Backs P&G In Ex-Worker's Bias, Retaliation Suit

    The Fifth Circuit refused to reopen a former Procter & Gamble employee's lawsuit alleging he was fired because he's Black and complained about suspected regulatory violations, concluding he hadn't provided enough evidence to refute the company's explanation that he'd repeatedly breached corporate policies.

  • August 04, 2026

    8th Circ. Backs Chemical Co. In EEOC Race Bias Lawsuit

    The Eighth Circuit on Tuesday upheld the Equal Employment Opportunity Commission's trial loss in its lawsuit alleging that a chemical company violated civil rights law by failing to prevent racial harassment against a Black employee, ruling that the agency failed to show the jury had relied on flawed jury instructions.

  • August 04, 2026

    6th Circ. Says No Injunction For Ex-Plant Worker Suing Aptiv

    A former plant manager for automotive technology company Aptiv will not have his employment benefits reinstated after he suffered a severe medical crisis and was terminated from his job, a Sixth Circuit panel said Tuesday, affirming a decision by the Ohio federal court.

  • August 04, 2026

    Tech Co. 401(k) Faces Bias Suit Over Worker's Eco Beliefs

    Thermo Fisher unlawfully refused a Christian employee's request to add a fossil fuel-free investment option to its 401(k) plan because of his religious and moral beliefs in stewardship of the Earth, according to a suit filed Tuesday in a New York federal court.

  • August 04, 2026

    Teams In Flores' Bias Suit Take Arbitration Denial To 2nd Circ.

    Three NFL teams bidding to send their portion of a racial discrimination suit by former head coach Brian Flores back to league-run arbitration have appealed a New York federal judge's ruling against them to the Second Circuit.

  • August 04, 2026

    4th Circ. Revives Va. Atty's Immunity Bid In FMLA Firing Suit

    The Fourth Circuit on Tuesday revived a Virginia commonwealth's attorney's qualified immunity bid in a Family and Medical Leave Act firing suit, finding the law did not clearly require him to let an employee fix a disputed medical certification before contacting the provider.

  • August 04, 2026

    Union Sues Texas A&M Over Ban On Gender, Race Topics

    Texas A&M University is violating the U.S. Constitution by banning professors from teaching politically disfavored views on gender, race and sexuality, a professors' union argues in a new lawsuit, asking a Texas federal court to repeal the ban.

  • August 04, 2026

    Ga. DA's Office Urges Justices To Pass On Ex-Aide's Bias Suit

    The district attorney's office in Fulton County, Georgia, told the U.S. Supreme Court this week that a former aide suing it over alleged racial and sexual bias is relying on a "gotcha-style argument" and urged the court to affirm a decision dismissing the case.

Expert Analysis

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.

  • What To Know About Ill. Employment Law Changes

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    Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • How States Are Approaching AI Workplace Discrimination

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    As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.