Discrimination

  • January 20, 2026

    Texas, Fla. AGs Pen Opinions On 'Unconstitutional' DEI Efforts

    The attorneys general of Florida and Texas both issued opinions calling diversity, equity and inclusion requirements and laws unconstitutional.

  • January 20, 2026

    Ex-MSG Worker Says DQ Attempt Is 'Clear Misdirection'

    A former employee pursuing wrongful firing claims against Madison Square Garden Entertainment has asked a New York federal judge to reject the company's request to remove his counsel based on his potential need to testify, arguing that key facts are available from other sources and his lawyer will not need to take the stand.

  • January 20, 2026

    Fired Worker's Own Words Doom Her Bias Suit, 6th Circ. Says

    The Sixth Circuit backed the dismissal of a Black urgent care worker's suit claiming she was discriminated against and harassed when she was fired for allegedly asking a police officer patient if he had killed anyone, ruling she undermined her case through her own deposition.

  • January 20, 2026

    High Court Won't Review Timeliness Of MSU Bias Suit

    The U.S. Supreme Court refused Tuesday to hear an Asian Michigan State University worker's challenge to a Sixth Circuit ruling that his race and age bias suit had been filed too late, despite his argument that the deadline for filing federal discrimination suits needs to be clarified.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 16, 2026

    Amazon Fights Class Claims That Clunky HR App Broke ADA

    Amazon urged a Washington federal judge on Thursday to pull the plug for good on a lawsuit from workers who claim the company violated state and federal disability law by dragging its heels on accommodations requests filed through its A to Z human resources app, saying the workers again failed to adequately plead their case.

  • January 16, 2026

    Littler Adds Epstein Becker Employment Litigator In Calif.

    Littler Mendelson PC announced that an attorney from Epstein Becker Green is joining its Century City, California, office as a shareholder, bringing a wealth of experience in employment law. 

  • January 16, 2026

    Bikini Barista Boss Says AG Can't Bring Sex Harassment Suit

    The owner of Seattle-area "bikini barista" company Paradise Espresso urged a state judge to dismiss Washington's lawsuit accusing him of sexual harassment and withholding pay from workers, arguing the state's attorney general lacks authority to bring the case.

  • January 16, 2026

    Legal Nonprofit Settles EEOC Suit Over Atty Fired On Leave

    A Philadelphia legal services organization secured court approval Friday for a $240,000 deal to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully fired a staff attorney who was on leave for post-traumatic stress disorder and depression.

  • January 16, 2026

    Security Guard Gets $5.5M Jury Win In Sex Harassment Case

    A federal jury in Atlanta said that a former security guard who alleged she was sexually harassed and assaulted by her ex-employer's vice president of operations should get $5.5 million in damages, attorneys for the ex-worker announced Friday. 

  • January 16, 2026

    Judge Backs Employment Law Firm's 'Harmless Flirting' Ad

    A New York federal judge said an employment law firm would probably win its constitutional challenge to the rejection of a billboard advertising its willingness to sue companies that dismiss sexual harassment as "harmless flirting," calling a Syracuse airport authority's concerns that the ad pushed false information "nonsense."

  • January 16, 2026

    Maurene Comey Fights DOJ Bid To Toss Firing Suit

    Former Manhattan federal prosecutor Maurene Comey has urged a New York federal court to reject the U.S. Department of Justice's bid to dismiss her firing suit, arguing her claims belong before the district court and not under the jurisdiction of a non-independent board now controlled by the president.

  • January 16, 2026

    J&J Largely Loses Bid To Toss Former Atty's NJ Bias Suit

    A New Jersey federal judge largely shot down Johnson & Johnson's bid to scrap a former company data privacy attorney's racial and gender discrimination suit and rejected its bid to sanction her over the case.

  • January 16, 2026

    11th Circ. Affirms Toss Of Worker's Bias Suit Against UPS

    The Eleventh Circuit has ruled that an Alabama district court rightly tossed a Black worker's discrimination suit against UPS, rejecting her arguments that she should have been allowed to revise her case.

  • January 16, 2026

    2nd Circ. Backs School Official In Librarian's Race Bias Suit

    A Black librarian could not show that race discrimination drove a New York school superintendent to pull a job offer from her, the Second Circuit ruled, affirming a federal judge's decision.

  • January 16, 2026

    La. State Court Greenlights Challenge To Gender Care Ban

    A Louisiana state judge sided with a group of transgender teenagers who argue the state's ban on gender-affirming care for minors is unconstitutional, denying the state's bid to dismiss the case, according to an announcement Friday from the minors' attorneys.

  • January 16, 2026

    NY Forecast: 2nd Circ. Weighs Arbitration Ban In TikTok Case

    This week, the Second Circuit will consider TikTok's bid to overturn a federal judge's decision keeping a former executive's age and gender bias suit in court instead of sending it to arbitration.

  • January 15, 2026

    Univ. Of Arkansas Drops New Law Dean, Reportedly Over Brief

    The ACLU of Arkansas and others Thursday criticized the University of Arkansas for reversing its decision to hire legal scholar Emily Suski as its law school dean, reportedly due to political pressure generated by her support for transgender student athletes in an amicus brief to the U.S. Supreme Court.

  • January 15, 2026

    Air Force Asks Justices Not To Hear COVID Vax Back Pay Case

    The U.S. Air Force urged the U.S. Supreme Court to not hear a reservist's bid for back pay after he refused to follow its now-overturned COVID-19 vaccine mandate on religious grounds, arguing its sovereign immunity bars compensatory damages claims. 

  • January 15, 2026

    Verizon, Calif. Strike Diversity Deal In Frontier Takeover

    California utility regulators approved Verizon's takeover of Frontier Communications' fiber network Thursday, after the wireless giant has reached several agreements to support statewide diversity and digital equity initiatives.

  • January 15, 2026

    Inability To Work In Person Sinks Fired Employee's ADA Suit

    The Fourth Circuit backed the dismissal of a disability bias suit from a worker who claimed a private aircraft servicer fired her for seeking remote work to manage her breast cancer diagnosis, ruling her termination was fair game because she couldn't consistently perform in-person duties critical to her role.

  • January 15, 2026

    Ex-Coach Says NJ University's Gender Bias Led To Her Firing

    An award-winning Montclair State University softball coach told a New Jersey federal court that the university wrongfully fired her following an investigation into alleged misconduct that she said was tainted with gender bias and failed to let her respond.

  • January 15, 2026

    DOJ Targets Minnesota's Affirmative Action Hiring Policies

    The U.S. Department of Justice told a federal court that Minnesota's affirmative action hiring policies for government positions violate civil rights law by handing opportunities to workers based on their identity.

  • January 15, 2026

    2nd Circ. Seems Reluctant To Wrap Up EEOC Union Bias Suit

    The Second Circuit appeared skeptical Thursday of the U.S. Equal Employment Opportunity Commission's push to wind down a more than half-century-old race discrimination case against unions and apprenticeship programs, questioning whether bias still pervaded the organizations' practices.

  • January 15, 2026

    6th Circ. Says Cop's Rap Videos, Not Race Bias, Got Him Fired

    The Sixth Circuit declined to revive a suit from a Black cop who said race bias cost him his job, ruling he couldn't overcome evidence that he was actually terminated for creating and posting rap videos that depicted him brandishing guns and simulating shooting a homeless person.

Expert Analysis

  • RI Menopause Law Brings New Considerations For Employers

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    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

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    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

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    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 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.