Discrimination

  • October 20, 2026

    3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

    The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.

  • October 20, 2026

    Brokerage Can't Shake Ex-Worker's Pregnancy Bias Suit

    An insurance brokerage must face claims that it fired a former employee because of her pregnancy and complaints about discrimination, a North Carolina federal judge ruled, finding that questions remain about whether the company's stated performance concerns were legitimate.

  • October 20, 2026

    Tech Co. Must Face Ex-Worker's Discrimination Claims

    A former Telesoft LLC sales director can proceed with claims that she was fired because of her age, sex and disability after 21 years with the technology company, a Michigan federal judge ruled, finding that conflicting explanations for her termination and evidence that younger male employees with worse sales records kept their jobs raised questions for a jury.

  • October 20, 2026

    Trans Worker, Pizza Chain End Bias Suit Dropped By EEOC

    A Chicago pizza chain and a Black transgender former employee have agreed to resolve her claims that she was fired for reporting harassment, marking an end to a case the U.S. Equal Employment Opportunity Commission filed but abandoned after a presidential directive.

  • October 20, 2026

    Ga. Law Claim Cut From Sex Harassment Suit Against Arena

    An Atlanta federal judge on Tuesday trimmed a lawsuit against State Farm Arena filed by a security guard who says a coworker touched her inappropriately during a concert while on the job, nixing a claim under a Peach State statute that requires businesses to provide a safe environment for workers.

  • October 20, 2026

    UNC Settles Fed Probe Over Admissions, Antisemitism

    The University of North Carolina at Chapel Hill has agreed to shore up its antisemitism policies and refrain from using race as a factor in admission decisions in a settlement with the federal government that allows the public university to keep its federal funding, the Justice Department said.

  • October 20, 2026

    Sanford Heisler Launches Dedicated AI Litigation Practice

    Sanford Heisler Sharp McKnight LLP announced Tuesday that the plaintiffs firm has launched a dedicated artificial intelligence and technology litigation practice in response to the new types of challenges individuals face as a result of the increased usage and commonality of emerging technologies.

  • October 20, 2026

    Calif. Eyes Updating Pregnancy Leave, Workplace Protections

    Pregnant workers in California could gain expanded protections for taking leave and receiving workplace accommodations, including remote work, under proposed regulations announced by the state's Civil Rights Council.

  • October 20, 2026

    Adobe Gets Class Claims Tossed From Gender Bias Suit

    A California federal judge cut class claims from a former Adobe worker's suit alleging the company subjected her to sexual harassment and underpaid women on a systemic basis, finding the groups she sought to represent were too sweeping.

  • October 20, 2026

    Sher Tremonte Exiting Defense Of Combs In Abuse Civil Suits

    A Manhattan federal judge gave Sher Tremonte LLP leave to stop representing Sean "Diddy" Combs in two private sexual abuse damages cases Tuesday, bringing to at least three such matters the litigation boutique has dropped in New York citing communication breakdown and nonpayment.

  • October 19, 2026

    Port Of Seattle Challenges Trump Grant Terms Targeting DEI

    The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.

  • October 19, 2026

    Data Co. To Pay $2M To Resolve Feds' US Worker Bias Probe

    A data company will pay $2 million and face a two-year suspension from a federal program that allows employers to hire foreign workers to settle U.S. Department of Justice probes and related litigation alleging it discriminated against U.S. workers, the federal government announced.

  • October 19, 2026

    Flock Accused Of 'Boys Club' Culture By Fired Worker

    A former account manager at Flock sued the surveillance technology company in Texas federal court Monday, claiming she faced a sexist "boys club" culture in the workplace and got fired after complaining about it.

  • October 19, 2026

    Abbott Wins Bid To Move Ex-Worker's Bias Suit To Illinois

    Abbott Laboratories has convinced a Michigan federal judge that a former employee's sex discrimination and retaliation lawsuit belongs in Illinois. 

  • October 19, 2026

    EEOC Poised To Withdraw Disparate Impact Guidance

    The U.S. Equal Employment Opportunity Commission is close to nixing decades-old guidelines that help employers ensure that their hiring practices don't inadvertently discriminate against workers, after the proposed rescission was sent to the White House for review.

  • October 19, 2026

    Supreme Court To Tackle Admissions Bias Circuit Split

    The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the three years since the justices barred the use of affirmative action in higher education.

  • October 19, 2026

    BNSF Fired Worker Who Asked For Smaller Tool, EEOC Says

    BNSF Railway unlawfully fired an employee who asked to use a smaller hand tool during training to avoid exacerbating a genetic condition that causes chronic pain, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • October 19, 2026

    Justices Won't Take Up Fired Black Counselor's Bias Suit

    The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invitation to revisit an evidentiary framework set in a landmark 1973 ruling.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

    A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husband, saying the employer was pushing for "nearly unbounded immunity."

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

    A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

  • October 16, 2026

    Calif. Forecast: Medical Center Wants Wage Arb. Bid Revived

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in an arbitration dispute in a proposed wage and hour class action against a medical center. Here's a look at that case and other labor and employment matters on deck in California.

  • October 16, 2026

    NY Forecast: 2nd Circ. Weights Union Officer Discipline Suit

    This week, the Second Circuit will consider a former union official's challenge to a lower court order dismissing his lawsuit claiming the union conducted an unfair investigation into him that resulted in him having to pay back a portion of a severance agreement from his retirement.

  • October 16, 2026

    EEOC Tells 7th Circ. Not To Upend 3rd-Party Harassment Test

    The U.S. Equal Employment Opportunity Commission urged the Seventh Circuit not to raise the bar for workers seeking to sue their employer for a third party's alleged harassment, arguing a lower court relied on an erroneous out-of-circuit ruling when it tossed a former Caterpillar Inc. employee's case.

Expert Analysis

  • A Nuanced Reading Of DOL's Mental Health Parity Guidance

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    Though a recent U.S. Department of Labor bulletin may suggest that agency enforcement pressure on group health plans with respect to mental health parity is easing, the takeaways are more complex, and plan sponsors should not relax compliance efforts, say attorneys at Proskauer.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • Religious Accommodation Lessons From Recent EEOC Focus

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    With several recent U.S. Equal Employment Opportunity Commission enforcement actions focusing on religious accommodations, employers should identify the actual burden an accommodation imposes, distinguish operational hardship from co-workers' objections, and pay attention to how the accommodation is implemented, says Crystal Banse at Spencer West.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • What Greek Tragedy Teaches About Mediating AI Disputes

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    While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and familiar questions for mediators dealing with artificial intelligence disputes, including the functional differences between adjudication and resolution, says Giuseppe De Palo at JAMS.

  • Tracking Trends In State-Level Regulatory Enforcement

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    State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.

  • Tips From Apex Ruling On Handling Workers' Public Criticism

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    A National Labor Relations Board judge’s recent finding that Apex Fintech Services illegally reined in an employee’s public criticism on LinkedIn should caution employers that overbroad policies and reflexive responses may not only fail to defend the company’s reputation, but compound risks of federal labor charges, say attorneys at Krevolin Horst.

  • Risk Considerations As EEOC Moves To Ax Data Reports

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    While the U.S. Equal Employment Opportunity Commission's recent proposal to rescind requirements for workforce demographic reporting wouldn't bar employers from collecting data, companies would have to be especially careful to gather and use such information in legally defensible ways, say attorneys at Foley & Lardner.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

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    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • How Rogue AI May Shape Corporate Liability, Responsibility

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    Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

  • Meta Layoff Suit Serves As Early Test Of AI Bias Claims

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    A lawsuit in California federal court alleging that Meta's use of artificial intelligence in recent layoffs negatively affected employees on protected leave provides insight for plaintiffs about what evidence to preserve and how to build these discrimination claims, says Manny Starr at Frontier Law Center.

  • Flashpoints In Focus: Minimizing Midterm Politics At Work

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    With the upcoming midterm elections producing a steady stream of controversy, employers would benefit from planning in advance and developing guardrails to ensure that election-related rifts do not jeopardize the company's culture or results, say attorneys at Seyfarth.