Discrimination

  • January 27, 2026

    Clinic Workers' Vax Bias Suit Needs 2nd Look, 3rd Circ. Says

    A split Third Circuit panel reinstated a religious bias suit claiming Geisinger Medical Center illegally required workers who opposed its COVID-19 vaccine mandate to undergo nasal testing, saying the employees should have been allowed to explore whether a chemical in the nasal swabs made that accommodation unreasonable.

  • January 27, 2026

    Divisions Emerge At 2nd Circ. Over Reproductive Rights Law

    A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.

  • January 27, 2026

    House Democrat Accuses EEOC Of Abandoning Mission

    A key House Democrat warned that policy shifts by the U.S. Equal Employment Opportunity Commission are taking the agency in the wrong direction, calling out the rescission of harassment guidance, an about-face on disparate impact enforcement and a call for white men to lodge bias claims.

  • January 27, 2026

    Reporting Duty Doesn't Nix Whistleblower Status, Court Finds

    Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.

  • January 27, 2026

    Fast Food Franchisee Wraps Up EEOC Sex Harassment Suit

    A Jack in the Box franchisee will pay $50,000 to end a U.S. Equal Employment Opportunity Commission sexual harassment suit claiming the business stood by while a male general manager masturbated in front of female workers and groped them on the job.

  • January 26, 2026

    Ex-Citi Exec Says Rampant Misogyny Was A 'Price Too Steep'

    A former high-ranking director at Citigroup says she was "debased and humiliated" by false workplace rumors that she pursued sexual relations with a superior in order to secure a promotion, alleging in a lawsuit filed in New York federal court on Monday that persistent misogynistic culture at the investment bank forced her out of a job.

  • January 26, 2026

    Flooring Co. Can't Nix EEOC's Homophobic Harassment Suit

    An Illinois federal judge refused to toss a U.S. Equal Employment Opportunity Commission suit alleging a flooring company allowed a gay employee to endure frequent harassment that included co-workers tying him to a chair, ruling the suit had enough detail to stay in court.

  • January 26, 2026

    Teamsters Seek Exit From Ex-Worker's Bias Suit

    The International Brotherhood of Teamsters urged a D.C. federal court to dismiss a former employee's suit alleging she was subjected to a hostile work environment and forced to resign due to her age and disability, arguing that a release in a separation agreement she signed "unambiguously covers" her claims.

  • January 26, 2026

    Tampa Bay Lightning Owners Face Racial Discrimination Suit

    A Black ticketing staffer for the Tampa Bay Lightning has faced retaliation and a hostile work environment because of his race, he alleged in a federal lawsuit against the hockey team's ownership group.

  • January 26, 2026

    ​​​​​​​Fast-Food Franchisee, EEOC Ink Deal In Teen Harassment Suit

    A McDonald's franchisee in Oklahoma has agreed to pay $80,000 to end a U.S. Equal Employment Opportunity Commission suit accusing it of failing to remove a manager who sexually harassed and threatened to rape a female teenage employee, according to an Oklahoma federal court filing.

  • January 26, 2026

    Ill. Jury Rejects Ex-CTA Worker's Vax Bias Claims

    An Illinois federal jury sided with the Chicago Transit Authority on Monday over a former employee's claim that he was illegally terminated for noncompliance with the agency's COVID-19 vaccine mandate after the agency flatly rejected his religion-based exemption request without meaningfully trying to accommodate it.

  • January 26, 2026

    NJ Court Says Security Co.'s Harassment Suit Needs 2nd Look

    A New Jersey state appeals panel ruled Monday that despite a valid arbitration pact, a worker who said security logistics company Brink's failed to take action when colleagues called her gendered slurs may still be entitled to her day in court.

  • January 26, 2026

    Foley & Lardner Can't Dodge Pro-Palestinian Atty's Bias Suit

    A Chicago federal judge on Monday denied Foley & Lardner LLP's bid for an early win against claims brought by a former summer associate who said discrimination led to the firm's decision to rescind a job offer after she publicly supported Palestinians amid Israel's war with Hamas.

  • January 26, 2026

    Federal Contractor Opexus Sued Over EEOC Data Breach

    D.C.-based government software contractor Opexus is facing a class action alleging that its negligence allowed two former employees — both of whom had been convicted for hacking previously — to copy more than 1,800 U.S. Equal Employment Opportunity Commission files onto USB drives and take the data.

  • January 26, 2026

    Ex-Calif. Judge Takes Aim At Sex Assault Charge

    A former California judge said a count of a federal indictment accusing him of sexual assault should be tossed since the alleged victim viewed him as a friend.

  • January 26, 2026

    School District Settles Suit Over Trans Student Name Policy

    An Indiana school district struck a deal to end a suit from a Christian former music teacher who said requiring him to call transgender students by their preferred names violated his religious beliefs, about six months after the Seventh Circuit revived the case.

  • January 26, 2026

    High Court Won't Review Social Security Judge's Removal

    The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.

  • January 23, 2026

    Employment Lawyers' DEI Cheat Sheet

    The attorneys general of Texas and Florida each issued missives denouncing a plethora of diversity, equity and inclusion-related laws and private initiatives, and the U.S. Department of Education dropped an appeal over the invalidation of DEI-related guidance. Here, Law360 looks at notable DEI-related legal developments in the first month of 2026.

  • January 23, 2026

    2nd Circ. Judges Appear At Odds On Arbitration Ban's Reach

    Two Second Circuit judges expressed oftentimes conflicting interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act during a case hearing Friday, engaging in a lengthy debate hinged on what claims the arbitration shield can keep in court.

  • January 23, 2026

    NJ Teachers Union Accused Of Racial Pay Disparity

    A Black longtime employee of the New Jersey Education Association has been paid less than her colleagues because of her race, she told a state court.

  • January 23, 2026

    DOJ Alumni Back Maurene Comey In Effort To Keep Suit Alive

    U.S. Department of Justice alumni and a group that includes attorneys, law professors and former judges have filed briefs supporting former Manhattan federal prosecutor Maurene Comey's call for a New York federal court to reject the DOJ's bid to dismiss a suit over her firing.

  • January 23, 2026

    Calif. Forecast: Court Weighs BlackBerry Discrimination Suit

    In the coming week, attorneys should watch for a summary judgment hearing in a former BlackBerry Corp. executive's discrimination and harassment suit. Here's a look at that case and other labor and employment matters on deck in California.

  • January 23, 2026

    Safeway, Union Local Must Face Pro Se Bias Suit

    Safeway and a United Food and Commercial Workers local must face an ex-cashier's claims that discrimination played into the store's hostile treatment of him and the union failed to adequately fight for him, with an Oregon federal judge preserving most of the pro se litigant's suit.

  • January 23, 2026

    NY Forecast: 2nd Circ. Weighs Reviving SEIU Fund Bias Suit

    This week, the Second Circuit will consider whether to revive a discrimination suit a former worker for a Service Employees International Union benefit fund brought claiming the fund fired him after refusing to accommodate a disability that prevented him from driving for long periods of time.

  • January 23, 2026

    EEOC Leaders Tighten Grip On Power To Sue Employers

    The U.S. Equal Employment Opportunity Commission has updated its internal processes to further consolidate in its political leadership the ability to haul employers into court by tightening its top lawyer's ability to file routine cases from an approximately 5-year-old framework.

Expert Analysis

  • 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

    Excerpt from Practical Guidance
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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.

  • Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities

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    In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

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    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.