Discrimination

  • 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.

  • September 11, 2026

    US Bank Objects To Ex-AI Chief's Untimely Race Bias Claim

    U.S. Bank has objected to a North Carolina federal magistrate judge's recommendation that would allow its former head of artificial intelligence to move forward with his race discrimination suit, arguing he waited too long to loop in the U.S. Equal Employment Opportunity Commission after he was fired.

  • September 11, 2026

    NYC Beats EMS Workers' Promotion Bias Claims

    A New York federal judge has tossed the remaining claims in a lawsuit accusing the New York City Fire Department of denying promotions to two union-represented emergency medical service workers because of their race, ruling the allegations are untimely.

  • September 11, 2026

    5th Circ. Backs City's Win Over Ex-Cop's Sick Leave Bias Suit

    The Fifth Circuit refused Friday to reopen a former police officer's lawsuit alleging she was demoted for complaining that men were given more leeway on medical leave, finding she couldn't overcome the city's explanation that she'd violated policy by vacationing in Mexico while out sick.

  • September 11, 2026

    'Quiet On Set' Makers Beat Producer's Libel Fight On Appeal

    A California appellate court Thursday reversed a lower court ruling and threw out Nickelodeon producer Dan Schneider's defamation suit against Warner Bros. Discovery and the makers of the "Quiet on Set" docuseries, finding that the series constitutes speech protected by the anti-SLAPP statute and Schneider isn't likely to win his claims.

  • September 11, 2026

    6 Calif. Bills That Discrimination Attys Should Keep An Eye On

    California lawmakers recently finished their latest session and sent a crop of bills to Gov. Gavin Newsom, including multiple proposals curtailing employers' use of artificial intelligence and a bill explicitly prohibiting employers from discriminating against workers who experience menopause. Here's a look at six bills discrimination attorneys should have on their radar.

  • September 11, 2026

    11th Circ. Puts Ex-Worker's Ga. Negligence Claim Back In Play

    The Eleventh Circuit reinstated a Georgia law negligent retention claim against a real estate and investment firm from a former worker who claimed a colleague racially harassed her, saying a lower court dropped the ball when it tossed out the case. 

  • September 11, 2026

    NY Forecast: Judge Weighs Toss Of Pastry Shop OT Suit

    This week, a New York federal judge will consider a pastry shop's motion to dismiss a proposed class action accusing the company of not paying workers overtime wages under state and federal law.

  • September 11, 2026

    Calif. Forecast: Warners Seeks Toss Of 'Bachelor' Editor Suit

    In the week ahead, attorneys should watch for a hearing on a dismissal bid in a wage and hour suit that a tape librarian and assistant tape editor on "The Bachelor" is bringing against Warner Bros. Entertainment Inc. and NZK Productions Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • September 10, 2026

    Orthopedics Co. Investor Says Docs Hid 'Boys Club' Culture

    Terminated executives of Texas-based orthopedics company Orthofix Medical Inc. have been hit with a shareholder's derivative suit accusing them of damaging the company by attempting to conceal the culture of workplace harassment they perpetuated before and after a merger.

  • September 10, 2026

    10th Circ. Backs 72-Year-Old's Firing Over Data Misuse

    The Tenth Circuit has sided with a Colorado city in an age discrimination lawsuit brought by a utility billing specialist who was fired after accessing a prospective tenant's private account information for personal use, finding she failed to show age bias drove her termination.

  • September 10, 2026

    Judge's Missive On Indirect Harassment Evidence Resonates

    A D.C. Circuit judge recently expressed frustration with what he called a "rising trend" in which courts discount evidence of workplace harassment when the conduct isn't directed at the employee who filed suit, spotlighting a legal drift attorneys agree is out of step with case law.

  • September 10, 2026

    11th Circ. Won't Reopen Ex-School Admin's Sex Bias Suit

    The Eleventh Circuit on Thursday upheld an Alabama school board's win over a former assistant principal's lawsuit alleging she was fired because she's a woman, concluding she couldn't overcome her former employer's explanation that she'd been found in a compromising position with a male colleague several times.

  • September 10, 2026

    7th Circ. Won't Revive Mail Carrier's Race Bias Suit

    The Seventh Circuit declined to revive a U.S. Postal Service carrier's discrimination suit stemming from an altercation with his supervisor, who called police to escort him off the premises, ruling Thursday no reasonable jury could say the treatment, "however disrespectful or ill-advised," had anything to do with the carrier's race.

  • September 10, 2026

    Ex-Immigration Judge Sues For Retaliatory Termination

    A former immigration judge in California has sued Attorney General Todd Blanche, claiming she was fired after raising concerns about a spring 2025 directive ordering her and her colleagues to grant every motion to change venue filed by Immigration and Customs Enforcement trial attorneys.

  • September 10, 2026

    Carrier Global, Ex-Cybersecurity Staffer Settle Age Bias Suit

    Carrier Global Corp. and a former security official have settled his Georgia federal court claims that the HVAC company fired him and replaced him with a younger person.

  • September 10, 2026

    Cognizant Knocks Out Fired Worker's $8.4M Retaliation Win

    A New York federal judge granted Cognizant Technology Solutions Corp. a new trial in a lawsuit by an employee who said he was fired for reporting what he alleged was pro-Indian hiring bias, finding that keeping an $8.4 million verdict would be a "miscarriage of justice."

  • September 10, 2026

    Farming Tech Co. Resolves EEOC Age, Sex Bias Probe

    An Iowa-based agricultural technology company will pay $65,000 to end a U.S. Equal Employment Opportunity Commission investigation into allegations that it refused to give a worker a raise because of their sex and harassed them because of their age, the federal bias watchdog announced Thursday.

  • September 10, 2026

    Auto Parts Co. Strikes $620K Deal To End EEOC Sex Bias Suit

    An auto parts manufacturer will pay $620,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it favored men for higher-paying production positions and ignored reports of sexual harassment at Tennessee facilities, according to a federal court filing.

  • September 09, 2026

    DOJ Says Berkeley Law Is Racially Biased In Admissions

    The U.S. Department of Justice and the U.S. Department of Education said Wednesday that the University of California, Berkeley School of Law discriminated against white and Asian applicants in its 2024 and 2025 admissions cycles by preferring Black applicants because of their race, violating federal civil rights law and recent U.S. Supreme Court precedent.

  • September 09, 2026

    Walmart Narrows EEOC Disability Bias Suit Over Skills Tests

    An Arkansas federal judge trimmed some claims Wednesday from a U.S. Equal Employment Opportunity Commission suit alleging Walmart used a skills test to fire workers with disabilities, ruling the agency should have backed up its central bias allegations with statistical evidence.

  • September 09, 2026

    White Officer Wants Justices' Take On DEI Training Lawsuit

    A white former Colorado corrections officer urged the U.S. Supreme Court to weigh in on whether mandated attendance at a single workplace diversity training that allegedly included discriminatory content is enough to warrant reinstating his race harassment lawsuit. 

  • September 09, 2026

    Airline Group Asks Justices To Review United Vax Bias Class

    An airline industry urged the U.S. Supreme Court on Wednesday to hear United Airlines' challenge to a Fifth Circuit ruling that preserved class status in a religious bias suit over United's COVID-19 vaccine mandate, arguing the appeals court ignored the myriad individualized issues at play.

  • September 09, 2026

    Hemorrhoid Pain Can Be A Disability, EEOC Tells 3rd Circ.

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Third Circuit on Wednesday arguing that a former FedEx supervisor's hemorrhoid condition could rise to the level of a disability under federal anti-discrimination law, despite a trial court's conclusion otherwise.

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.