Discrimination

  • September 24, 2026

    9th Circ. Reinstates Vax Objector's Religious Bias Case

    The Ninth Circuit on Sept. 24 reopened a nurse's lawsuit alleging an Oregon hospital unlawfully put her on unpaid leave rather than accommodate her religious objection to its COVID-19 vaccine mandate, faulting the trial court for overlooking a letter in which she explained why she wanted an exemption.

  • September 24, 2026

    EEOC Asks 5th Circ. To Reopen Black Truck Driver's Bias Suit

    The U.S. Equal Employment Opportunity Commission called on the Fifth Circuit in a new amicus brief to reinstate the retaliation allegations brought by a Black truck driver who said he was punished for flagging discriminatory treatment at work.

  • September 24, 2026

    Fired Jewish Doc Faced Harassment 'Barrage,' EEOC Says

    A Jewish orthopedic surgeon faced antisemitic harassment on the job that surged after Hamas' October 2023 attack on Israel and culminated in his firing, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.

  • September 24, 2026

    Retailer Rejected Deaf Warehouse Applicant, EEOC Says

    A bargain retailer refused to hire a deaf job applicant for four jobs at a Texas warehouse because of unlawful qualification standards requiring workers to have the ability to hear, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.

  • September 24, 2026

    Philly Jury Sides With Drexel In Professor's Retaliation Case

    A Pennsylvania jury has cleared Drexel University of liability in a professor's lawsuit alleging the school retaliated against her for winning a separate case claiming the university paid her less than her male colleagues, according to her attorney.

  • September 24, 2026

    Jury Rejects Bulk Of EEOC Skills Test Suit Against Walmart

    Walmart largely prevailed over the U.S. Equal Employment Opportunity Commission on the agency's claims that the retailer used a skills test to push out workers with disabilities, as an Arkansas federal jury sided with Walmart on almost all the EEOC's allegations. 

  • September 24, 2026

    Litigation Spending To Keep Climbing While Biz Risks Mount

    Big companies will increase their litigation budgets yet again next year, as navigating legal risk is now an essential element of achieving strategic business goals, according to a new report.

  • September 23, 2026

    Gay JPMorgan Ex-Worker Claims Discrimination By Supervisor

    A gay former employee of JPMorgan Chase sued the bank Wednesday, claiming a supervisor discriminated against him because of his sexual orientation and in response to his work with an LGBTQ+ affinity group at the bank, and told the employee to keep his "gay job" separate from his other work.

  • September 23, 2026

    Justices Get Chance To Tackle Growing Criticism Of Bias Test

    Two certiorari petitions that the U.S. Supreme Court is scheduled to consider Monday call for the demise of a decades-old framework for evaluating workplace discrimination cases, and experts say the requests to do away with the legal standard may be increasingly compelling as resistance to the doctrine grows.

  • September 23, 2026

    Google Ex-Executive Says Bias Led To Layoff

    A former Google sales executive hit the tech giant with a lawsuit in Colorado state court claiming it pushed him out because of his age and retaliated after he complained that his manager was discriminating against him based on his age, sex and religion.

  • September 23, 2026

    Walmart Can't Nix Worker's $300K Retaliation Trial Win

    A Washington federal judge declined Wednesday to scrap a $300,000 trial win for a former Walmart employee who claimed she was fired for reporting that her manager failed to shut down sexual harassment, calling the jury's verdict fair amid evidence of her boss' unfair treatment.

  • September 23, 2026

    NJ Bias Case Judge Won't Nix Hospital's NDA Rule Yet

    A New Jersey state judge said it was too early to strike down a hospital's nondisclosure agreement provision for internal investigations in a former director's suit alleging she was the target of a retaliatory investigation.

  • September 23, 2026

    Ski Park Reaches $20K Deal To End EEOC Religious Bias Suit

    A Wisconsin ski resort agreed to pay $20,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the business fired a Christian manager for posting Bible passages online that it deemed homophobic.

  • September 23, 2026

    Nepotism Allegation Can't Sustain Race Bias Suit, Judge Says

    An automotive parts manufacturer does not have to face a Black former employee's lawsuit alleging she was fired for using her cellphone at work while a human resources manager's white daughter evaded discipline, a Michigan federal judge ruled, concluding Wednesday that the worker's nepotism accusations couldn't support race bias claims.

  • September 23, 2026

    Feds Say UCSF Med School Favored Black, Hispanic Students

    The University of California's San Francisco School of Medicine admitted Black and Hispanic applicants at higher rates than their white and Asian counterparts, even when they performed worse academically, the U.S. Department of Justice has claimed.

  • September 23, 2026

    Mail Delivery Co. Strikes Deal In EEOC Sunday Work Suit

    A mail delivery contractor agreed to pay $60,000 to end a U.S. Equal Employment Opportunity Commission suit claiming the business demanded a Christian employee work on Sundays, even though he complained those shifts made him miss church.

  • September 23, 2026

    Weinstein Sentenced To 15 Years After NY Trials

    A New York state judge on Wednesday sentenced Harvey Weinstein to 15 years for sexually assaulting "Project Runway" production assistant Miriam Haley, following a series of trials against the already-imprisoned former Hollywood producer.

  • September 22, 2026

    4 Ways Emerging AI Tools Can Trip Up Employers

    As employers' uses of artificial intelligence tools expand beyond the hiring context, fresh legal and compliance challenges are emerging, according to attorneys who advise businesses. Here are four potential pitfalls to watch out for when using emerging AI tools.

  • September 22, 2026

    UMass Hospital Co. Beats Ex-VP's COVID Vaccine Firing Claim

    A jury cleared a central Massachusetts hospital system of liability for terminating a compliance officer who refused a COVID-19 shot, finding Tuesday she failed to show a sincere religious belief against vaccination.

  • September 22, 2026

    Michigan School District Denies Race Bias In COVID Stipends

    When a Michigan school district distributed federal COVID grant stipends only to white school administrators, Black administrators were excluded not because of their race, but because they worked at a high school rather than a middle or elementary school, counsel for the district told a federal judge Tuesday.

  • September 22, 2026

    Amtrak, Union Say Conductor Can't Reopen Settled Bias Suit

    A train conductor should not be allowed to reopen a case accusing Amtrak and her union of teaming up to prevent her from advancing in union leadership, the railroad and union argued, asking a Connecticut federal judge to toss the conductor's bid to revive the settled discrimination suit.

  • September 22, 2026

    Pitt Beats Gender, Race Bias Claims In Prof's Discipline Suit

    A federal judge granted the University of Pittsburgh summary judgment Tuesday for most of the claims brought by a business school professor who said he was disciplined and denied an appeal over sexual harassment complaints.

  • September 22, 2026

    EEOC Beats NM School Board's Bid To Halt Native Bias Probe

    A district court judge has dismissed a New Mexico school board's challenge against the Equal Employment Opportunity Commission for lack of subject matter jurisdiction over the agency's bid for subpoenas as part of an investigation into alleged race discrimination.

  • September 22, 2026

    NJ Prosecutor's Office Claims Immunity In Video-Sharing Case

    A New Jersey county prosecutor's office urged a state court to toss a suspended police officer's suit alleging it improperly shared a video of her meeting with its investigators about gender discrimination and internal affairs complaints.

  • September 22, 2026

    Jackson Lewis Launches AI Practice Group, Resource Hub

    Management-side labor and employment firm Jackson Lewis PC announced Monday that it has launched an artificial intelligence and innovation group to help clients navigate an evolving legal and regulatory landscape.

Expert Analysis

  • Handbook Hot Topics: An Employer-Friendly Shift At NLRB

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    As the National Labor Relations Board is expected to shift toward issuing more employer-friendly decisions, employers should still monitor NLRB trends concerning handbook policies before making substantial changes to protocol and continue to align policies with employees' rights under the National Labor Relations Act, say attorneys at Kutak Rock.

  • Mulling Differing Circuit Rulings On Gender-Affirming Care

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    Despite the Eleventh Circuit's recent holding in Lange v. Houston County that a health plan's exclusion for gender-affirming surgery did not violate Title VII, employers should be mindful of other court decisions suggesting that different legal challenges may still apply to blanket exclusions for such care, say attorneys at Smith Gambrell.

  • Unique Aspects Of Texas' Approach To AI Regulation

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    The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.

  • Recent Rulings Show When PIPs Lead To Employer Liability

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    Performance improvement plans may have earned their reputation as the last stop before termination, and while a PIP may be worth considering if its goals can be achieved within a reasonable time frame, several recent decisions underscore circumstances in which they may aggravate employer liability, says Noah Bunzl at Tarter Krinsky.

  • Legal Guardrails For AI Tools In The Hiring Process

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    Although artificial intelligence can help close the gaps that bad actors exploit in modern recruiting, its precision also makes it subject to tighter scrutiny, meaning new regulatory regimes should be top of mind for U.S.-centric employers exploring fraud-focused AI-enabled tools, say attorneys at Ogletree.

  • Employer Considerations After 11th Circ. Gender Care Ruling

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    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

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    An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

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    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.

  • Workday Case Shows Auditing AI Hiring Tools Is Crucial

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    Following a California federal court's recent decisions in Mobley v. Workday signaling that both employers and vendors could be held liable for discriminatory outcomes from artificial intelligence hiring tools, companies should consider two rigorous auditing methods to detect and mitigate bias, says Hossein Borhani at Charles River Associates.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

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    In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Personnel File Access Laws Pose New Risks For Employers

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    The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at Tannenbaum Helpern.

  • Examining The Quietest EEOC Enforcement Year In A Decade

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    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.