Discrimination

  • May 29, 2025

    Stellantis, UAW Accused Of Sex Discrimination In $1M Suit

    A Michigan woman is seeking at least $1 million in a lawsuit filed Wednesday in Michigan federal court against the U.S. subsidiary of Dutch automaker Stellantis and the United Auto Workers on allegations she was replaced as a team leader by less experienced male colleagues and that the union would not represent her — both due to her gender.

  • May 29, 2025

    OPM Memos Push Changes In Federal Hiring Based on 'Merit'

    The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.

  • May 29, 2025

    2nd Circ. Backs Ambulance Co. In Ex-Worker's FMLA Suit

    The Second Circuit refused Thursday to revive a former paramedic's lawsuit claiming an ambulance operator unlawfully refused to return him to a supervisory job after he returned from medical leave, saying he wasn't able to work until three months after his federally protected leave expired.

  • May 29, 2025

    9th Circ. Restarts DMV Worker's Promotion Bias Suit

    The Ninth Circuit breathed new life into a Nevada Department of Motor Vehicles employee's lawsuit claiming he was passed over for promotion because he was a Black man in his 50s, saying a lower court misinterpreted the worker's allegations when it tossed the case.

  • May 29, 2025

    9th Circ. Wants Damages Tweaked In Staffing Co. FMLA Suit

    A former employee can't seek front pay or be reinstated to her role at a healthcare staffing firm after a federal jury found she was fired for exercising her rights under the Family and Medical Leave Act, but certain damages the jury awarded her should be given another look, the Ninth Circuit ruled.

  • May 29, 2025

    Car Dealership Settles Bias Case On Heels Of Recusal Bid

    A Philadelphia auto dealership has resolved a former manager's suit in Pennsylvania federal court claiming her boss made inappropriate sexual remarks and propositioned her nearly every day, days after the company said a magistrate judge was inappropriately pushing it to settle.

  • May 29, 2025

    3 Takeaways From The Judgments On Trump's Law Firm EOs

    Three federal judges have now weighed in on President Donald Trump’s executive orders targeting law firms, with each ruling in favor of the firms and deeming the orders unconstitutional. Here are three takeaways from the combined 227 pages of those judges’ conclusions.

  • May 28, 2025

    Flamin' Hot Cheetos Defamation Suit Snuffed Out, For Now

    A California federal judge Wednesday granted Frito-Lay Inc.'s motion to strike a former employee's discrimination and defamation suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, finding he's unlikely to win his claims, but giving him another shot at amendment.

  • May 28, 2025

    EEOC Settles Suit Claiming Worker Lost Job Over Egg Allergy

    A pediatric healthcare system has agreed to pay a job applicant $50,000 to end a U.S. Equal Employment Opportunity Commission suit filed in Georgia federal court, claiming it yanked a job offer over her egg allergy that prevented her from receiving a mandatory flu vaccine.

  • May 28, 2025

    Ex-Worker Claims NJ Law Firm Fired Her Over Maternity Leave

    A former human resources manager at a New Jersey employment law firm alleged she was fired in retaliation for taking maternity leave less than one month before she was to return to work and due to receive a bonus payment.

  • May 28, 2025

    Ex-Texas Solicitor General Accused Of Harassment In Suit

    A new lawsuit from a onetime executive assistant at Stone Hilton PLLC alleges various forms of misconduct at the firm and claims that one of its founders resigned from Texas Attorney General Ken Paxton's office amid sexual harassment allegations.

  • May 28, 2025

    NJ Firm Loses Bid To Toss Worker's Wage Suit

    A New Jersey personal injury law firm will not be able to escape a former employee's lawsuit alleging she was paid less than men and harassed while pregnant, a state court judge ruled, saying that she fulfilled discovery demands.

  • May 28, 2025

    1st Circ. Sinks Overseas Worker's Bias Suit Against US Co.

    The First Circuit backed a logistics company's win in a former Hong Kong-based account manager's suit claiming he was unlawfully fired over false accusations of sexual harassment, saying he'd failed to show the U.S. parent company was responsible for its Asian subsidiary's actions.

  • May 28, 2025

    6th Circ. Backs White Bus Driver's Win In Race Bias Trial

    The Sixth Circuit upheld a trial victory for a white bus driver who claimed Detroit's transit system promoted less-qualified Black workers over her out of racial bias, finding there was enough evidence of racial prejudice to support the jury's verdict.

  • May 27, 2025

    2nd Circ. Revives Girl Scouts Race Bias Claim, Rejects Others

    The Second Circuit on Tuesday declined to revive claims from former officers for a New York Girl Scouts chapter who said they suffered retaliation after complaining that the group misused pandemic relief loans, but held that one plaintiff can pursue racial bias allegations.

  • May 27, 2025

    Trump's WilmerHale Order Struck Down In Forceful Decision

    A D.C. federal judge struck down President Donald Trump's executive order targeting WilmerHale in an impassioned opinion Tuesday, writing that Trump's entire order is unconstitutional, and "to rule otherwise would be unfaithful to the judgment and vision of the Founding Fathers!"

  • May 27, 2025

    9th Circ. Backs Packaging Co. In Fired Worker's Sex Bias Suit

    The Ninth Circuit declined Tuesday to scrap a packaging manufacturer's win in an ex-manager's suit claiming she was fired out of gender bias, ruling she couldn't overcome the company's position that she was actually terminated for verbally abusing subordinates.

  • May 27, 2025

    Conn. Firefighters Say Age Bias Taints Retirement Program

    Connecticut's municipal employee pension system unlawfully barred a group of firefighters with over two decades of service from participating in a deferred retirement program because they're under 55 years old, the workers and their union claimed in a federal lawsuit.

  • May 27, 2025

    Upcoming State And Local Wage Laws To Watch

    Washington employers will get some reprieve from steep penalties for pay transparency violations, and workers in Los Angeles County will have the benefit of predictive scheduling. Here, Law360 explores a sampling of new developments employers should keep in mind in the coming weeks.

  • May 27, 2025

    Energy Cos. Ink $700K Deal To End EEOC Harassment Suit

    Two oil and gas exploration services companies have agreed to pay nearly $700,000 to close a U.S. Equal Employment Opportunity Commission suit claiming they allowed sexual comments and racial slurs in the workplace and fired workers who spoke up about the harassment.

  • May 27, 2025

    ArentFox Schiff Says Workers' 'Antics' Should Get Suit Tossed

    An Illinois federal judge handling age discrimination claims from two longtime former ArentFox Schiff LLP information technology contractors should permanently dismiss their lawsuit as a consequence for routinely destroying case evidence and discarding their mobile phones while the litigation has been pending, the firm says.

  • May 27, 2025

    Auto Co. Seeks Judge's Recusal For Pushing Bias Settlement

    A Pennsylvania magistrate judge has been improperly pushing an automotive dealership to settle a former manager's suit claiming she faced daily sexual advances and inappropriate comments from her boss, the company said, arguing the judge needs to step aside before an upcoming trial.

  • May 27, 2025

    Vice Media VP Rejoins Ogletree In NYC

    A seasoned BigLaw attorney who left Ogletree Deakins Nash Smoak & Stewart PC five years ago to move into an in-house legal position at Vice Media has rejoined the labor and employment law firm Tuesday as a shareholder.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Jenner & Block LLP convinced a Washington, D.C., federal judge to invalidate an executive order by President Donald Trump targeting it in part for its diversity, equity and inclusion practices as unconstitutional, and the U.S. Department of Justice announced the formation of an initiative to use the False Claims Act to quell discrimination by federal funding recipients tied to their DEI programs. Here, Law360 looks at notable DEI-related legal developments over the past week.

Expert Analysis

  • Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny

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    Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

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    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts

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    Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.

  • Disparate Impact Theory Lives On Despite Trump Order

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    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Employer Tips For Navigating Cultural Flashpoints Litigation

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    A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.