Discrimination

  • September 21, 2026

    Tenn. Can't Nix Ex-Worker's Free Speech Suit Over Kirk Post

    A Tennessee federal judge declined Monday to toss a former state employee's free speech suit claiming she was illegally fired for criticizing political activist Charlie Kirk on Facebook following his death, ruling it's too early in the case to determine whether her comments could have disrupted her agency's work.

  • September 21, 2026

    Mich. Orthodontics Worker's Race Harassment Claims Survive

    A former employee of a Michigan orthodontics practice can take to trial her allegations that a co-worker created a hostile work environment by repeatedly using language mocking slavery, although a federal judge tossed her race discrimination and retaliation claim.

  • September 21, 2026

    Jury Sides With Teacher Who Said Kids Pelted Him With Slurs

    A federal jury said an Iowa school district should pay $425,000 to a Black special education teacher who claimed that administrators failed to adequately address students' frequent use of racial slurs toward him.

  • September 21, 2026

    2nd Circ. Seems Hesitant To Kick PwC Bias Suit To Arbitration

    The Second Circuit appeared skeptical Monday of PricewaterhouseCoopers LLP's push to compel arbitration of a former worker's suit alleging discriminatory harassment, with one judge saying the company is advocating for an "extraordinary understanding" of a 2022 law barring mandatory arbitration of sexual harassment claims.

  • September 21, 2026

    Chartwell Settles Bias Suit From Atty Fired After Gaza Posts

    Chartwell Law Offices LLP has agreed to settle claims brought by an attorney who alleged she was fired over social media posts about Gaza, according to a filing in Florida federal court.

  • September 21, 2026

    Emory University Beats Fired White Worker's Race Bias Suit

    Emory University was freed from a white former worker's claim that a Black vice provost fired him due to race, age and gender bias, with a federal judge finding that no reasonable jury could conclude from the evidence that the employee was terminated for those reasons.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Mentor's Remarks Not Enough To Propel Sex Harassment Suit

    A Michigan federal judge dismissed a sex harassment suit Monday from a former elevator company worker who alleged that a male mentor made inappropriate comments to her, saying the seven remarks she cited over a nearly two-year period weren't enough to support a hostile work environment suit.

  • September 21, 2026

    Blue Bell Fired Jewish Worker Over Beard, EEOC Says

    Ice cream manufacturer Blue Bell unlawfully fired a Jewish vehicle technician who refused to shave his beard because of his religious beliefs, the U.S. Equal Employment Opportunity Commission told an Alabama federal court.

  • September 18, 2026

    Maurene Comey Says DOJ's Firing Justification Is Off Base

    Former Assistant U.S. Attorney Maurene Comey on Friday urged a Manhattan federal judge to find the Trump administration unlawfully fired her due to its dislike of her father, former FBI director James Comey, saying there's no support for the claim that an AUSA can be terminated without cause.

  • September 18, 2026

    5th Circ. Reopens Cop's Retaliation Suit Over Sex Bias Probe

    The Fifth Circuit on Friday revived a former West Texas A&M University police officer's lawsuit alleging he was suspended and investigated for misconduct because he corroborated a colleague's sexual harassment report, saying a jury could find the police chief's rationale was cover for retaliation.

  • September 18, 2026

    Newsom Convenes AI Safety Panel To Mull 'Kill Switch' Law

    California Gov. Gavin Newsom on Friday ordered the prompt creation of an artificial intelligence safety panel to hasten the implementation of various potential AI safety and security laws, including a proposed measure that would require companies to develop a "kill switch" for their AI models.

  • September 18, 2026

    What To Know As EEOC Drills Down On Anti-American Bias

    The U.S. Equal Employment Opportunity Commission’s focus on discrimination faced by American workers marks a major break from its historical approach to national origin discrimination that some attorneys say overstates the prevalence of the issue. Here’s what to know about the agency’s current enforcement posture.

  • September 18, 2026

    9th Circ. Asks Wash. Justices About Indirect Employer Claims

    A Ninth Circuit panel has asked the Washington State Supreme Court to clarify whether the state's law permits common law wrongful firing claims against indirect employers and certain individuals, saying the answers are key to assessing a former solar company CFO's claim he was unjustly ousted by a private equity backer.

  • September 18, 2026

    CIA Officers Urge 4th Circ. To Reject DEI Firings Rehearing

    Career intelligence officers fighting their terminations following the Trump administration's anti-DEI executive orders told the Fourth Circuit Thursday that there's no point in granting an en banc rehearing of a panel's order allowing them to internally appeal the firings, arguing the panel's ruling has limited application beyond their own case.

  • September 18, 2026

    Wayne State Beats Doctor's Race Bias Suit Over Chair Job

    A Michigan federal judge tossed a Black physician's discrimination and retaliation lawsuit against Wayne State University and several officials over his unsuccessful bid to become permanent chair of the medical school's obstetrics and gynecology department, finding that he never formally applied for the job.

  • September 18, 2026

    Conn. Town Beats Firefighter's Appeal In Pot-Use Firing Suit

    A Connecticut appellate panel declined Friday to reverse a firefighter's loss in a lawsuit he brought against the town of Waterbury after he was fired for using medical marijuana, holding that his challenge to a state court's posttrial dismissal was inadequately briefed.

  • September 18, 2026

    11th Circ. Won't Revive Bias Suit Against Lockheed Martin

    The Eleventh Circuit on Friday refused to revive a former employee's discrimination suit against Lockheed Martin, saying a lower court rightly tossed the case after the worker failed to comply with discovery obligations and multiple court orders.

  • September 18, 2026

    Mass. Court Upholds Troopers' Firings Under Vax Order

    Massachusetts' intermediate appellate court on Friday affirmed the firings of 13 state police troopers who failed to get COVID-19 vaccinations in 2021, finding that disciplinary decisions were not subject to an arbitration clause in their union contract.

  • September 18, 2026

    Reed Smith Defends Docs Production In Ex-Atty's Bias Suit

    Reed Smith LLP urged a New Jersey court on Thursday to reject an "impulsive" motion from a former attorney suing it for gender discrimination seeking to strike its answer and affirmative defenses.

  • September 18, 2026

    AMC To Pay $56K In EEOC Disability Bias Settlement

    AMC Theatres agreed to pay $56,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging that a Maryland theater employee with cerebral palsy had accommodations illegally rescinded before being forced out of a job he held for over two decades, according to a court filing Friday.

  • September 18, 2026

    Court Rules Doctor's Burnout Not Disability Under ADA

    A Colorado federal court dismissed a radiation oncologist's disability discrimination suit against a Catholic health system, finding his burnout did not qualify as a disability under federal law and that he failed to show the hospital's stated reasons for withdrawing his job offer were pretextual.

  • September 18, 2026

    Construction Co. Settles EEOC Suit Over Sex Contract

    A home improvement company has settled a U.S. Equal Employment Opportunity Commission suit alleging it unlawfully fired an office manager after she refused to sign a "dominant/submissive contract" given to her by an executive, according to a filing in North Carolina federal court.

  • September 18, 2026

    Calif. Forecast: Aramark Wage Deal Before Court

    In the week ahead, attorneys should watch for a hearing on final settlement approval in a wage and hour class action against Aramark Services Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • September 18, 2026

    NY Forecast: 2nd Circ. Hears PwC Arbitration Bid In Bias Case

    In the week ahead, the Second Circuit will hear PwC's arguments for reversing a lower court order that kept a former partner's discrimination and retaliation suit in court instead of sending it to arbitration. Here, Law360 looks at this and other cases on the docket in New York.

Expert Analysis

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

  • Employer Considerations As Ill. Ends Mandatory Fact-Finding

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    Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.

  • Minimizing AI Bias Risks Amid New Calif. Workplace Rules

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    In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.

  • Navigating Employee Social Media Use Amid Political Violence

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    With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Why Early Resolution Of Employment Liability Claims Is Key

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    A former Los Angeles fire chief's recent headline-grabbing wrongful termination suit against the city is a reminder that employment practices liability disputes can present risks to the greater business, meaning companies need a playbook for rapid, purposeful action, says Karli Moore at Intact Insurance Specialty Solutions.

  • What To Expect From The EEOC Once A Quorum Is Restored

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    As the U.S. Equal Employment Opportunity Commission is expected to soon regain its quorum with a Republican majority, employers should be prepared for a more assertive EEOC, especially as it intensifies its scrutiny of diversity, equity and inclusion programs, say attorneys at Dechert.

  • Tips As 6th Circ. Narrows Employers' Harassment Liability

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    In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

  • How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

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    With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

  • DOJ's New Initiative Puts Title IX Compliance In Spotlight

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    Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.