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Discrimination

  • May 20, 2025

    Doctor's Disability Bias Claim Too Late, Mass. Court Says

    A former Brigham and Women's Hospital anesthesiologist and Harvard Medical School faculty member is time-barred from pursuing disability bias claims for actions by the hospital that he was aware of as early as 2006, an intermediate Massachusetts appellate court has concluded.

  • May 20, 2025

    EEOC Annual Worker Data Bid Opens With Diversity Warning

    The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.

  • May 19, 2025

    Former Kite Pharma Exec Alleges Gender Bias, Retaliation

    Gilead Sciences and its subsidiary Kite Pharma have been hit with a suit in California state court by a former company executive alleging she was underpaid compared to her male counterparts and fired while out on medical leave after she raised concerns about equal pay. 

  • May 19, 2025

    11th Circ. Says Logistics Worker's FMLA Award Lacks Support

    The Eleventh Circuit partially overturned a $1.2 million award Monday in favor of a former supervisor who claimed a logistics company prevented him from taking Family and Medical Leave Act leave after he had back surgery, saying he hadn't shown the alleged interference caused him to lose any money.

  • May 19, 2025

    FCC's Carr Claims Victory Versus DEI In Verizon-Frontier OK

    Verizon took a leap toward closing its $20 billion bid for Frontier Communications by gaining the Federal Communications Commission's approval after ditching its diversity, equity and inclusion programs at the behest of FCC Chair Brendan Carr.

  • May 19, 2025

    5th Circ. Tosses FCC Workplace Diversity Reporting Rule

    The Fifth Circuit on Monday threw out a Federal Communications Commission rule that required TV and radio broadcasters to disclose employment diversity data to the FCC.

  • May 19, 2025

    7th Circ. Won't Reopen Male Ex-School Director's Bias Suit

    The Seventh Circuit refused to upend a private school's win over a lawsuit alleging it unlawfully terminated an administrator and replaced him with a woman, saying he couldn't overcome the school's explanation that he was let go for breaching his boss's trust.

  • May 19, 2025

    Ex-CTA Worker Can Take Vaccine Bias Claim To Trial

    An ex-Chicago Transit Authority employee fired after refusing COVID-19 vaccination can take his religious discrimination claim to a jury this summer after an Illinois federal judge grilled the agency Monday on its assertion that the plaintiff didn't seek an exemption for sincerely held religious beliefs and rejected its argument that he was "cherry-picking" Catholic doctrine.

  • May 19, 2025

    DOJ To Probe Whether Chicago's Hiring Is Too Pro-Black

    The head of the U.S. Department of Justice' civil rights arm said Monday she greenlighted an investigation into whether Chicago is unlawfully favoring Black workers in hiring, a day after the city's Democratic mayor touted the number of Black staffers in his administration.

  • May 19, 2025

    Ex-CEO Accuses Omnicom Of Gender, Age Bias In Pay Suit

    Omnicom paid the CEO of one of its agencies less than her male counterparts and fired her under the pretext of a restructuring when she complained, the former executive told a Texas federal court, alleging the marketing and communications firm discriminated against her because she's a woman in her 60s.

  • May 19, 2025

    Subway Supervisor Sexually Assaulted Worker, EEOC Says

    A young employee of a Subway franchise was sexually harassed and eventually assaulted by an older supervisor, the U.S. Equal Employment Opportunity Commission claimed in a new lawsuit filed in Utah federal court, faulting the franchisee for failing to enact proper safeguards to halt abuse.

  • May 19, 2025

    Atty Says Texas Firm Fired Her For Taking Protected Leave

    A former associate at a prominent Texas personal injury firm who claims she was fired after she took medical leave for a disabling eye condition and bereavement leave upon her mother's death has brought a disability discrimination suit against the firm and associated entities in federal court in Houston.

  • May 19, 2025

    Ex-Staffer Fights NJ Law Firm Blume Forte's Arbitration Bid

    A former staff member who is suing personal injury law firm Blume Forte Fried Zerres & Molinari PC, alleging disability discrimination, is disputing an assertion that she signed a valid arbitration agreement with the firm, arguing that any such agreement is unenforceable in New Jersey state court.

  • May 19, 2025

    Hanson Bridgett Expands To Fresno With Ex-Littler Leader

    California firm Hanson Bridgett LLP has brought on a former office managing shareholder for employment firm Littler Mendelson PC — Hanson Bridgett's first attorney in Fresno, where it plans to open its seventh office this year.

  • May 19, 2025

    That's What The Money Is For: Pay Lessons From 'Mad Men'

    "Mad Men," the dramatic AMC television series about a 1960s-era advertising agency, offers lessons on a host of employment law issues for today's workforce, such as how to manage pay for superstar employees who go on extended leave and what not to do when it comes to paying men and women equally. Here, to accompany the 10th anniversary this month of the show's final episode, Law360 conducts a compliance audit of the storied Sterling Cooper.

  • May 19, 2025

    5th Circ. Affirms Masculinity Gibe Can't Sustain Gay Bias Suit

    The Fifth Circuit backed a hospice company's win over a former nurse who said a supervisor failed to take action when a colleague insulted him for being gay, saying the coworker's offensive comment wasn't enough to sustain a bias case.

  • May 19, 2025

    Ex-Litigator Settles Disability Bias Suit Against Wilson Elser

    A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.

  • May 19, 2025

    Law Students Say 'Thousands' At Risk From EEOC Data Probe

    Three law students who sued last month to challenge the U.S. Equal Employment Opportunity Commission's requests for law firms' diversity data are looking to expand their case to represent a class of thousands of attorneys whose personal information might be swept up by the agency.

  • May 19, 2025

    'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit

    Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.

  • May 19, 2025

    Justices Won't Hear White Ga. Coach's Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision that ended a white Georgia high school football coach's claims that Black school board members declined to renew his contract on account of his race.

  • May 16, 2025

    Workday Hiring Bias Suit Wins Collective Status

    A California federal judge on Friday agreed to certify a collective action of job applicants over 40 who claim they were illegally steered away from jobs by a Workday hiring tool, finding that whether Workday discriminated on the basis of age is a question that "cuts across" the collective.

  • May 16, 2025

    5th Circ. Revives ADA Suit Over 6-Month Wait For Service Dog

    The Fifth Circuit on Friday breathed new life into a U.S. Army veteran's lawsuit claiming a Texas school district slow-walked her request for a service dog at work, ruling her allegations were detailed enough to suggest the delay may have violated federal disability law.

  • May 16, 2025

    NY Forecast: 2nd Circ. Hears Court Interpreters Bias Case

    This week, the Second Circuit will consider an appeal of a federal judge's decision dismissing a discrimination lawsuit brought by New York court interpreters who claim they are systematically paid less than a federal benchmark because they are foreign born.  Here, Law360 looks at this and other cases on the docket in New York.

  • May 16, 2025

    Employment Lawyers' Weekly DEI Cheat Sheet

    Harvard University assured the Trump administration that it doesn't use race- or ethnicity-based quotas in hiring, a law firm pipeline program was accused of disadvantaging white applicants, and Indiana's attorney general demanded that the University of Notre Dame answer questions about its efforts to diversify its faculty. Here, Law360 looks at notable DEI-related legal developments from the past week.

  • May 16, 2025

    9th Circ. Won't Reopen Ex-Police Officer's Religious Bias Suit

    The Ninth Circuit refused to revive a former police officer's lawsuit claiming an Arizona town fired him because it believed he was a member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, saying his allegations weren't detailed enough to stay in court.

Expert Analysis

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.

  • Handbook Hot Topics: Back To Basics After Admin Change

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    Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.

  • What Axed Title IX Gender Identity Rule Means For Higher Ed

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    Following a Kentucky federal court's recent decision in State of Tennessee v. Cardona to strike down a Biden-era rule that expanded the definition of Title IX to prohibit discrimination on the basis of gender identity, institutions of higher education should prepare to reimplement policies that comply with the reinstated 2020 rule, say attorneys at Venable.

  • A Path Forward For Cos. Amid Trump's Anti-DEIA Efforts

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    Given the Trump administration’s recent efforts targeting corporate diversity, equity, inclusion and accessibility programs — including threatening possible criminal prosecution — companies should carefully tailor their DEIA initiatives to comply with both the letter and the spirit of antidiscrimination law, say attorneys at Pillsbury.

  • Workforce Data Collection Considerations After DEI Order

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    Following President Donald Trump's executive order targeting diversity, equity and inclusion efforts, employers should balance the benefits of collecting demographic data with the risk of violating the order’s prohibition on "illegal DEI," say Lynn Clements at Berkshire Associates, David Cohen at DCI Consulting and Victoria Lipnic at Resolution Economics.

  • How DOGE's Severance Plan May Affect Federal Employees

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    President Donald Trump's administration, working through the Department of Government Efficiency, recently offered a severance package to nearly all of the roughly 2 million federal employees, but unanswered questions about the offer, coupled with several added protections for government workers, led to fewer accepted offers than expected, says Aaron Peskin at Kang Haggerty.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • 10 Issues To Watch In Aerospace And Defense Contracting

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    This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.