Discrimination

  • September 16, 2026

    A State Law Cheat Sheet For Discrimination Attorneys

    New York Gov. Kathy Hochul signed legislation that lets workers periodically peek at their personnel records and contest information they believe to be incorrect, and a legislative committee in New Jersey cleared a bill clarifying working mothers' right to receive accommodations for expressing milk while on the job. Here, Law360 looks at notable state-level legislative developments so far in September.

  • September 16, 2026

    NJ Judge Likens Hospital's NDA Rule To Soviet Policy

    A New Jersey state judge on Wednesday signaled uncertainty about whether a state-owned hospital can lawfully direct employees to keep quiet during internal investigations, at one point suggesting the nondisclosure agreement at issue looked like something written by a Cold War-era Soviet leader.

  • September 16, 2026

    1st Circ. Won't Upend City's Win In Firefighters' Bias Dispute

    The First Circuit on Wednesday upheld a jury's verdict in favor of Springfield, Massachusetts, in a suit brought by two Black firefighters who claimed the city stymied advancement opportunities because of their bias complaints, saying it found no issue with the way the lower court handled the trial.

  • September 16, 2026

    Catering Co. Snubbed Muslim Job Applicant, EEOC Claims

    A D.C.-area catering company refused to hire a Muslim job applicant because she said she wouldn't remove her hijab if she were hired, the U.S. Equal Employment Commission alleged Wednesday in Virginia federal court.

  • September 16, 2026

    EEOC Presses 6th Circ. To Clarify Rules In Age Bias Cases

    The U.S. Equal Employment Opportunity Commission urged the Sixth Circuit to make clear that workers alleging age discrimination don't have to prove bias was the sole impetus behind a negative workplace consequence, noting that the circuit's case law is inconsistent.

  • September 15, 2026

    Ogletree Continues West Coast Hires With Jackson Lewis Atty

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC has landed a seasoned litigator from Jackson Lewis P.C. with extensive experience in ERISA and employment law matters, the firm announced Monday.

  • September 15, 2026

    BlackBerry Settles Former Exec's Retaliation Suit Over Firing

    BlackBerry has resolved a former executive's lawsuit alleging she was fired for reporting that the company's CEO sexually harassed her before assuming the top job, according to a filing in California federal court.

  • September 15, 2026

    Workers Look To Lock In Sweeping Workday AI Bias Class

    A group of rejected job applicants asked a California federal court to grant class status to their lawsuit alleging Workday's artificial intelligence tools discriminated against workers because of their age, sex, disability and race, arguing the expense and complexity of the case would make individual litigation unrealistic.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    2nd Circ. Fleshes Out Religious Bias Test After Feds Complain

    The Second Circuit on Tuesday amended a precedential decision that changed the framework for analyzing workers' cases over denied faith-related job accommodations after the ruling drew pushback from the federal government.

  • September 15, 2026

    Charter Tells Panel It Fired Worker Over Pot Use, Not PTSD

    Charter Communications denied firing a Connecticut employee over her post-traumatic stress disorder and argued before an appellate panel Tuesday that even if she had established a proper record of her diagnosis, she still would have been terminated on a "reasonable suspicion" that she had worked under the influence of marijuana.

  • September 15, 2026

    Ex-Coach Says Colo. School District Fueled Racial Bias

    A Black former basketball coach for a Colorado school district urged a federal judge not to toss his discrimination lawsuit that claimed the district retaliated against him for raising concerns about racism in the district, contending he plausibly alleged "a racially hostile environment."

  • September 15, 2026

    Calif. Labor Commissioner Can't Shake Wage-Delay Suit

    A California state judge refused to toss a lawsuit accusing the state Labor Commissioner's Office of routinely taking years to process workers' wage claims, rejecting the agency's arguments that the court should stay out of the dispute and that workers can pursue their unpaid wages elsewhere.

  • September 15, 2026

    Fox News Must Face Ex-Worker's Suit Alleging Sex Assault

    Fox News can't escape an ex-employee's lawsuit alleging he was sexually assaulted by a former executive producer for shows hosted by Greta Van Susteren and Tucker Carlson, with a New York federal judge saying jurors could find the producer's invitation to drinks was tied to the men's employment.

  • September 15, 2026

    Ga. Nurse Says Firing After PTSD Incident Ran Afoul Of ADA

    A fired nurse accused a medical provider of disability bias in Georgia federal court, claiming the company unlawfully fired her after she reported that her post-traumatic stress syndrome flared up when she saw a video of the aftermath of her sister's shooting.  

  • September 15, 2026

    Trump Taps Ex-DOL Official To Serve As EEOC Top Cop

    The White House nominated a former Morgan Lewis & Bockius LLP attorney who previously led the U.S. Department of Labor's contractor compliance arm to serve as the general counsel of the U.S. Equal Employment Opportunity Commission.

  • September 14, 2026

    DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

    An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that policy and overstep deference normally afforded to military leaders.

  • September 14, 2026

    Accenture Pays $25M To End DOJ's Suit Over DEI Practices

    Accenture will pay $25 million to settle allegations its employment and hiring decisions discriminated against workers based on race or sex, the federal government announced Monday, closing another chapter in the Trump administration's efforts against diversity, equity and inclusion practices. 

  • September 14, 2026

    EEOC, Security Co. Ink $65K Deal In Religious Bias Probe

    A North Carolina-based security company will pay about $65,000 to close the book on a U.S. Equal Employment Opportunity Commission probe of allegations that it illegally denied a Muslim employee time off to observe a religious holiday and subsequently fired her for being absent, the agency announced Monday.

  • September 14, 2026

    Sanford Heisler Hires Ex-DOJ Litigator As Partner In DC

    Sanford Heisler Sharp McKnight LLP announced Monday that it has added an attorney with a decade of experience in the Employment Litigation Section of the U.S. Department of Justice's Civil Rights Division as a partner in its Washington, D.C., office.

  • September 14, 2026

    Staffing Co. Strikes Deal In EEOC Suit Over Deaf Job-Seeker

    A staffing firm has agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it snubbed a job applicant after he disclosed that he's deaf and asked for a virtual job interview, the company told a Texas federal court.

  • September 14, 2026

    UPenn Prof Hires John Eastman For Race Bias Appeal

    A suspended University of Pennsylvania law professor has hired President Donald Trump's former attorney John Eastman to argue her Third Circuit bid to revive her case alleging the school disciplined her based on her race.

  • September 14, 2026

    Jackson Lewis Removes Ex-Atty's Bias Suit To Federal Court

    Jackson Lewis PC has moved a former associate's suit accusing the firm of refusing to accommodate her temporary work restrictions following her medical leave to California federal court, saying state court wasn't the right venue for dispute.

  • September 14, 2026

    EEOC Chair Urges Workers To Report Anti-American Bias

    The head of the U.S. Equal Employment Opportunity Commission shared a video on social media Monday encouraging workers to report instances of anti-American discrimination, mirroring the outreach strategy she used last year aimed at white men.

  • September 11, 2026

    9th Circ. Upholds Workers' $7.8M BART Vax Exemption Verdict

    The Ninth Circuit on Friday declined to disturb a $7.8 million verdict for six former San Francisco public rail employees who were let go after refusing the COVID-19 vaccine on faith-based grounds, finding that the transit system did not show that it couldn't have safely accommodated the workers.

Expert Analysis

  • 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.

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

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    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Protecting Workers Amid High Court-EEOC Trans Rights Rift

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    In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.