Discrimination

  • September 29, 2026

    Bombardier's Pre-Hire Test Regimen Flouted ADA, EEOC Says

    Canada-based jet manufacturer Bombardier and its subsidiary Learjet subjected prospective employees to a battery of pre-hire medical and physical examinations that unlawfully screened out people with disabilities, the U.S. Equal Employment Opportunity Commission alleged in Arizona federal court.

  • September 29, 2026

    Cleaning Cos. Urge Colo. Judge To Toss EEOC's Bias Suit

    Two commercial cleaning providers accused by the Equal Employment Opportunity Commission of illegally favoring Latin American applicants urged a Colorado federal judge to toss the agency's lawsuit, contending the commission failed to show the companies refused to hire non-Hispanic workers.

  • September 29, 2026

    4th Circ. Says Unequal Ranks Don't Bar Sex Bias Comparison

    The Fourth Circuit on Tuesday reopened a lawsuit alleging a Virginia sheriff's office refused to promote a female lieutenant and gave her insufficient resources when she filled in for a station commander, saying her comparisons to male colleagues weren't invalid because the men held a different rank.

  • September 29, 2026

    Ex-Worker Urges 4th Circ. To Revive Wage, Retaliation Claims

    A former worker at a sports bar in North Carolina urged the Fourth Circuit to revive her wage, retaliation and emotional distress claims, saying that a lower court improperly kept surviving claims from a jury and dismissed another on a ground that she did not have a chance to address.

  • September 29, 2026

    Ga. Hospital Escapes LGBTQ+ Bias Suit Over Fertility Benefits

    An Atlanta-area hospital and health system defeated a lesbian nurse's lawsuit alleging she wasn't given the same access to fertility benefits as heterosexual employees, with a Georgia federal judge concluding that a magistrate misapplied the U.S. Supreme Court's blockbuster Bostock ruling when he recommended keeping the case in court.

  • September 29, 2026

    Coffee Chain Settles EEOC Suit Over Muslim Barista's Firing

    A New York coffee shop chain has agreed to pay $22,500 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it fired a Muslim barista who wanted earlier shifts to accommodate daily fasts during the holy month of Ramadan.

  • September 29, 2026

    Fired Black Teacher Tells 4th Circ. To Revive Race Bias Suit

    A Black teacher is looking to reverse a summary judgment ruling in his racial bias suit favoring the charter school that fired him, telling the Fourth Circuit the school's allegedly conflicting reasons for terminating him support an inference of discrimination.

  • September 29, 2026

    Feds Seek To Throw Out States' Challenge To DEI Contract EO

    The Trump administration told a Maryland federal court that it should toss a lawsuit from states challenging its implementation of an executive order targeting diversity, equity and inclusion practices in the government contracting space, arguing the order falls within well-settled law.

  • September 29, 2026

    Greenberg Traurig Adds Employment Atty In West Palm Beach

    Greenberg Traurig has hired a former Carlton Fields attorney in West Palm Beach to help lead the continued growth of the Florida office's labor and employment practice, the firm announced on Tuesday.

  • September 29, 2026

    UCF Administrators Seek Immunity In Prof's Firing Suit

    Administrators for the University of Central Florida told the Eleventh Circuit on Tuesday that they should be entitled to qualified immunity on retaliation claims brought by a psychology professor after he posted about the death of George Floyd on social media in 2020.

  • September 29, 2026

    EEOC Fights Union's Claim That Agency Tabled Class Actions

    The U.S. Equal Employment Opportunity Commission asked a D.C. federal judge to toss a union's claim that the agency told its in-house court to stop processing federal workers' class actions, saying the agency didn't issue such a directive and the union lacks standing to sue.

  • September 29, 2026

    Ex-Delta Flight Attendant Says Post-Arrest Firing Unlawful

    Delta Airlines Inc. violated federal law when it fired a flight attendant without conducting a full investigation after a racially charged confrontation at a Marriott hotel in Savannah landed her in jail, according to a lawsuit from the former worker.

  • September 29, 2026

    EEOC Says Firing Painter After Knee Surgery Violated ADA

    A Colorado-based heavy machinery dealer fired an employee after knee surgery rather than letting her return to work with a lifting restriction, the U.S. Equal Employment Opportunity Commission said in a new lawsuit.

  • September 29, 2026

    Lab Operator To Pay $2.8M To End EEOC Vax Bias Probe

    The U.S. Equal Employment Opportunity Commission said Tuesday that a lab management company agreed to pay $2.8 million to resolve an agency investigation into claims that it violated federal law by refusing to grant religious and disability-based exemptions to its COVID-19 vaccination mandate.

  • September 28, 2026

    Trump Admin Reinstates Former Title IX Regs

    The U.S. Department of Education on Monday said it's formally repealing a vacated Biden-era rule that attempted to expand Title IX discrimination protections to include sexual orientation and gender identity and reinstating a rule the Trump administration enacted in 2020.

  • September 28, 2026

    Black Tesla Workers In Calif. Fired At Higher Rates, Judge Told

    An economics professor testified in a California state bench trial Monday over the California Civil Rights Department's claims Tesla fostered racism at its Fremont factory that he found Tesla's Black workers in California are paid 4.37% less, and involuntarily terminated at a 75% higher rate, than their white counterparts.

  • September 28, 2026

    Calif. Expands Reproductive Care, Abortion Access

    A series of new laws in California aim to expand access to medication abortion on community college campuses, bolster veterans' access to reproductive care including abortions, and make it easier for nursing parents to access lactation support, according to an announcement made Sunday.

  • September 28, 2026

    EEOC Telework Claim Survives In ADA Suit Against Utility

    The U.S. Equal Employment Opportunity Commission can ask a jury to decide whether a former utility services employee was illegally denied a telework accommodation following a stroke, a Georgia federal judge ruled while also paring certain other claims from the agency's disability discrimination suit.

  • September 28, 2026

    11th Circ. Backs Sheriff In Ex-Deputy's Sex Bias Suit

    The Eleventh Circuit has affirmed a win for a Florida county sheriff in a lawsuit brought by a former deputy who claimed she was forced to resign because of her race, ruling she hadn't offered evidence from which a reasonable jury could conclude she'd endured sex discrimination.

  • September 28, 2026

    Hotel Co. Harassed And Ousted Pregnant Worker, EEOC Says

    The U.S. Equal Employment Opportunity Commission sued a hotel group in Oklahoma federal court Monday claiming the business harassed an employee after learning she was pregnant and then fired her after calling her pregnancy a liability.

  • September 28, 2026

    2nd Circ. Backs Tossing Ex-United Worker's Grievance Claim

    The Second Circuit on Monday rejected a former United Airlines employee's bid to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, ruling that the worker waived his right to pursue the grievance on his own.

  • September 28, 2026

    Newsom Signs Slate Of Bills Bolstering LGBTQ+ Protections

    California Gov. Gavin Newsom signed a slate of bills defending against what he called the Trump administration's "all-out assault on the LGBTQ community," strengthening privacy protections, providing support to discharged service members and enhancing access to medical care.

  • September 28, 2026

    Split 7th Circ. Backs Ill. County's Win In COVID Vax Bias Suit

    The Seventh Circuit in a split decision Monday affirmed a summary judgment win for Cook County, Illinois, in a former hospital pharmacist's suit alleging she was unlawfully fired after she refused a COVID-19 vaccine, with the majority holding the county proved a religious exemption would've posed undue hardship and one dissenting judge saying the case should go to a jury.

  • September 28, 2026

    Machinery Co. Can't End Sex Bias Suit Over Trans Care

    A turbomachinery manufacturer must face a transgender employee's lawsuit alleging the company unlawfully refused to cover her gender-affirming treatments under its health plan, a New Hampshire federal judge ruled Monday, saying a jury should decide whether the denial amounted to sex bias.

  • September 28, 2026

    Calif. To Add 'Chosen' Family To Bereavement Leave Law

    California Gov. Gavin Newsom on Sunday signed a bill to expand an existing law that provides workers with a week of bereavement leave if someone an employee identifies as a family member dies — even if the person is not a blood relative.

Expert Analysis

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

  • 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.