Discrimination

  • September 30, 2026

    4 Argument Sessions Bias Attys Should Watch In October

    The Seventh Circuit will take on tricky employment discrimination questions in cases over vaccine requirements and recent U.S. Supreme Court precedent, while the Third Circuit will weigh in on a contentious equal pay fight and the Second Circuit will consider an attorney's fight to revive her bias case. Here's a look at four oral arguments that discrimination attorneys should keep tabs on in October.

  • September 30, 2026

    2nd Circ. Says EFAA Bars Arbitration Of Ex-Exec's Entire Suit

    The Second Circuit ruled Wednesday that an ex-executive can keep her case in court after asserting sexual harassment claims against a Texas law firm, ruling the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act shields her whole suit from arbitration — not just her sexual misconduct claims.

  • September 30, 2026

    'Bikini Barista' Owner Asks Judge To Trim $1.8M Award

    The owner of Beehive Espresso, which operates Seattle-area kiosks known as bikini barista coffee stands, asked a state judge to rethink a $1.86 million judgment for baristas, arguing that the court imposed uniform assumptions about unpaid work and employee cash contributions without showing those figures reliably applied across the class.

  • September 30, 2026

    Restrictions On Lifting Got Pregnant Worker Fired, EEOC Says

    A disability services organization placed a pregnant employee on leave rather than accommodate her lifting restrictions, and then fired her when that leave ran out, the U.S. Equal Employment Opportunity Commission told a Missouri federal court.

  • September 30, 2026

    EEOC Sues Harvard To Pry Loose Info On Diversity Programs

    The U.S. Equal Employment Opportunity Commission urged a Massachusetts federal court to force Harvard University to hand over information about its diversity and inclusion programs, calling the school's response to an agency subpoena "grossly deficient."

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    UC Davis Women Athletes Get Less Financial Aid, Suit Says

    University of California, Davis has been discriminatorily awarding less athletic financial aid to women varsity student-athletes than their male counterparts for at least the last decade, in violation of Title IX, according to a proposed class action filed Tuesday in California federal court. 

  • 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.

Expert Analysis

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • DOL Deal Offers FMLA Lesson On Handling Intermittent Leave

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    The U.S. Department of Labor's recent deal with the University of Tennessee paying an employee over $30,000 for alleged violations of the Family and Medical Leave Act offers lessons about responding to intermittent leave requests, avoiding forced resignations and providing required notices, says Jason Knott at Zuckerman Spaeder.

  • Flashpoints In Focus: Handling Religious Objections To AI Use

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    Pope Leo XIV's recent warning about artificial intelligence may increase requests for religious exemptions from workplace AI use, so employers must be prepared to understand the request's scope, determine whether the employee has a religious conflict and distinguish reasonable accommodations from undue hardship, say attorneys at Seyfarth.

  • Constructing AI Compliance Plans As State Laws Diverge

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    With Colorado, Connecticut and the federal government recently announcing wildly different approaches to artificial intelligence regulation, creating a workable compliance program means addressing overlapping obligations using shared systems rather than separate silos, say attorneys at Ogletree.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • What Colorado AI Law's Major Rewrite Means For Employers

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    Colorado's landmark law regulating employers' use of artificial intelligence tools was recently replaced with a narrower regime that eliminates many burdensome obligations, but still imposes a host of requirements focused on transparency and accountability, say attorneys at Proskauer.

  • Employer Tips To Prepare For Va. Family And Medical Leave

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    With Virginia's paid family and medical leave insurance program taking effect in two years, employers should develop processes for monitoring head count, coordinating with existing federal and state leave programs, and tracking intermittent leave, say attorneys at ArentFox Schiff.

  • New Connecticut Law On Employers' AI Use Is Inventive

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    A recently passed Connecticut law regulating the use of artificial intelligence in employment decisions innovates by using third-party risk assessments to vet and certify AI models, and by recognizing a division of responsibility between developers and deployers, potentially influencing pending legislation in other states, say attorneys at Littler.

  • The Leeway And Limits Of DOL's Joint Employer Proposal

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    A recent U.S. Department of Labor proposal would make joint employment harder to prove, giving employers more flexibility to add nonemployee labor without triggering shared liability, but businesses should be mindful that it likely won't affect state law tests or the standards that courts use, says Todd Lebowitz at BakerHostetler.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Flashpoints In Focus: Tips As EEOC Prioritizes Hiring Bias

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    Two recent cases brought by the U.S. Equal Employment Opportunity Commission reflect its increased interest in recruiting and hiring bias claims, but employers can safeguard their business by finding quota alternatives, properly managing hiring statistics, and reviewing their vendor management and artificial intelligence governance, say attorneys at Seyfarth.