Discrimination

  • August 31, 2026

    6th Circ. Revives Bias Suit Against Produce Co. Subsidiary

    The Sixth Circuit reopened a lawsuit alleging that a fruit and vegetable producer failed to intervene when a Black employee complained about supervisors' racist and sexist remarks, finding the dismissal of a similar suit against a Canadian parent company didn't block the case.

  • August 31, 2026

    6 Argument Sessions Bias Attys Should Watch In September

    The Second Circuit will mull whether allegations must involve "lewd or romantic" conduct to be shielded by a 2022 law barring mandatory arbitration of sexual harassment claims, and the full Ninth Circuit will consider whether a Christian ministry can refuse to hire job applicants over their sexual orientation. Here's a look at six upcoming arguments that discrimination attorneys ought to keep an eye on.

  • August 28, 2026

    7 Do's And Don'ts For Creating A Neuroinclusive Workplace

    Employers that foster neuroinclusive workplaces can boost morale and productivity while staving off potential legal exposure under antidiscrimination laws, attorneys say. Here are seven do's and don'ts for creating a welcoming environment for neurodivergent workers while mitigating the risk of implicit bias.

  • August 28, 2026

    Ex-Eli Lilly Rep Can't File Whistleblower Claims In NJ

    A New Jersey federal judge on Friday dismissed a former Eli Lilly sales manager's suit alleging she was fired after objecting to pressure to promote off-label use of the diabetes drug Mounjaro, finding that the court lacked personal jurisdiction over the Indiana‑based drugmaker.

  • August 28, 2026

    Trump Admin Asks High Court To Uphold Trans Troop Ban

    The Trump administration urged the U.S. Supreme Court Friday to allow its ban on transgender members of the military to take full effect, arguing the policy is constitutional under the high court's developing transgender case law.

  • August 28, 2026

    NBA's Suns Say Performance, Not Bias, Drove DEI Head Firing

    The NBA's Phoenix Suns asked an Arizona federal court to grant it an early win in a lawsuit filed by its former diversity equity and inclusion chief, arguing it was her poor performance, not discrimination, that led to her firing.

  • August 28, 2026

    Piggly Wiggly Store To Pay $65K In EEOC Sabbath Work Suit

    A Piggly Wiggly operator has agreed to pay $65,000 to end a U.S. Equal Employment Opportunity Commission suit alleging the grocer forced a religious deli worker to work on the Sunday Sabbath, according to a Friday filing in Georgia federal court.

  • August 28, 2026

    Ex-University Worker Settles 1st Amendment Suit For $250K

    Georgia has agreed to pay $250,000 to end a former Georgia Southern University employee's claims that she was fired after objecting to the school's decision to not provide free chest binders to students.

  • August 28, 2026

    Airline Caterer Let Harassment Go Unchecked, EEOC Says

    A global airline catering company failed to take action after a female employee complained that her male mentor regularly made sexual comments about her body, according to a suit filed Friday by the U.S. Equal Employment Opportunity Commission.

  • August 28, 2026

    Calif. County Judges Recuse From Bias Suit Against DA's Office

    The entire bench of a county court recused itself from a lawsuit alleging the San Francisco District Attorney's Office didn't take appropriate action when a Black employee reported a colleague's use of a racial slur, pushing the trial in the decade-old case to early October.

  • August 28, 2026

    NY Forecast: 2nd Circ. Hears Ford Bid To Arbitrate Firing Case

    This week the Second Circuit will consider the United Auto Workers' challenge to a trial court decision that declined to enforce an arbitration award requiring Ford to rehire a pipefitter it fired just days after reinstating him at an arbitrator's direction. Here, Law360 looks at this and other cases on the docket in the Empire State.

  • August 28, 2026

    Ex-Sergeant Says Prosecutors Charged Him In Retaliation

    A former Colorado sheriff's sergeant has told a federal court the district attorney and her investigator who charged him with failing to report suspected child abuse lacked probable cause and the prosecution was motivated by retaliation for his First Amendment activity rather than any genuine belief he committed a crime.

  • August 28, 2026

    Management Consulting Co. Settles Pregnancy Bias Suit

    Boston Consulting Group has struck a deal to end a pregnancy bias suit from a former payroll worker who alleged a boss said she "conned" the company by taking parental leave shortly after joining and later fired her.

  • August 28, 2026

    3rd Circ. Bumps Up Worker's Race Bias Award To $2M

    The Third Circuit doubled the punitive damages awarded to a Black worker who said a ventilator supply company failed to stop co-workers' racist remarks and slurs, ruling the trial court's decision to slash a $20 million award to $1 million didn't properly punish the company's "exceedingly reprehensible" conduct.

  • August 28, 2026

    Judge Reduces Sealy Worker's 'Excessive' Harassment Win

    A Washington federal judge reduced a $5 million verdict awarded to a worker who claimed mattress company Sealy Inc. subjected her to sexual harassment, ruling she is owed only $1.25 million in damages after calling the original award "grossly excessive."

  • August 28, 2026

    Calif. Forecast: $1M Wayfair Wage Deal Up For Approval

    In the week ahead, attorneys should watch for a hearing on a deal to resolve a proposed wage and hour class action against furniture retailer Wayfair. Here's a look at that case and other labor and employment matters on deck in California.

  • August 27, 2026

    US Bank Should Face Ex-AI Chief's EEOC Claim, Judge Says

    The former head of artificial intelligence at U.S. Bank should be allowed to proceed with his discrimination claim against the bank, a North Carolina magistrate judge recommended Thursday, adding that two other claims should be dismissed as not timely or not sufficiently pled.

  • August 27, 2026

    Pilots Look To Dodge Airline's Sanctions Bid Over Group Chat

    A group of pilots is doing its best to fulfill Hawaiian Airlines' discovery request in a legal dispute over COVID-19 vaccine mandate exemptions, the pilots told a Hawaii federal judge, asking him not to sanction them for taking time to redact and format a Telegram group chat.

  • August 27, 2026

    DOJ Says Race Bias Tainted GW Med School Admissions

    The George Washington University School of Medicine and Health Services ran afoul of federal law and a recent U.S. Supreme Court decision by giving Black and Hispanic applicants an advantage over white and Asian applicants in admissions, the U.S. Department of Justice said Thursday.

  • August 27, 2026

    Judge Wary Of EEOC's Challenge To Yale Hospital Age Testing

    A Connecticut federal judge on Thursday said oral arguments forced her to rethink whether to require a trial in the U.S. Equal Employment Opportunity Commission's challenge to age-based employee cognition tests at Yale New Haven Hospital, indicating the EEOC presented a solid case and that Yale's defenses might be stronger.

  • August 27, 2026

    2nd Circ. Backs Lyft In Wheelchair Access, Disability Bias Suit

    The Second Circuit on Thursday rejected certified class claims from Westchester County, New York, residents accusing Lyft of systematically discriminating against disabled riders, saying the plaintiffs' suggestions for increasing the availability of wheelchair-accessible vehicles weren't reasonable.

  • August 27, 2026

    Feds Urge Agencies To Integrate AI Into Hiring Process

    The Trump administration outlined Thursday how federal agencies should incorporate artificial intelligence into the hiring process, suggesting that the technology can be used to craft job descriptions and evaluate applicants with human oversight.

  • August 27, 2026

    Amazon Sued Over Destroyed Meds, Leave And Bias Claims

    Amazon Web Services Inc. and Amazon.com Inc. have been sued in Georgia federal court by a disabled veteran who alleged Amazon "took and destroyed" his prescription medication and then forced him onto reduced-pay leave for six months and placed him on an unjustified performance plan for reporting what happened.

  • August 27, 2026

    Home Care Co. To Pay $60K In EEOC Sex Harassment Suit

    A home healthcare provider has agreed to pay $60,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the business's male owner made sexual comments to staff and groped them without recourse, according to a Virginia federal court filing.

  • August 27, 2026

    Engineer Hits RTX With Age, Disability Bias Suit Over Ouster

    A former senior engineer for defense contractor RTX Corp. in Massachusetts says he was sidelined and then set up for termination after he disclosed he suffered from attention deficit disorder and later requested time off for surgery for another medical condition.

Expert Analysis

  • Mass. Ruling Raises Questions About Whistleblower Status

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    In Galvin v. Roxbury Community College, Massachusetts' top appellate court held that an individual was protected from retaliation as a whistleblower, even though he engaged in illegal activity, raising questions about whether whistleblowers who commit illegal acts are protected and whether trusted employees are doing their job or whistleblowing, say attorneys at Littler.

  • Navigating The Void Left By Axed EEOC Harassment Guidance

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    With the U.S. Equal Employment Opportunity Commission recently rescinding its 2024 enforcement guidance on harassment in the workplace, employers are left to guess how the agency may interpret an employer's obligations under Title VII and binding case law, areas that were previously clarified, say attorneys at Husch Blackwell.

  • Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display

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    The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.

  • Ambiguity Remains On Anti-DEI Grant Conditions

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    Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

  • What To Know As Courts Rethink McDonnell-Douglas

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    Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.

  • Limiting Worker Surveillance Risks Amid AI Regulatory Shifts

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    With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • Algorithmic Bias Risks Remain For Employers After AI Order

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    A recent executive order articulates a federal preference for a minimally burdensome approach to artificial intelligence regulation, but it doesn't eliminate employers' central compliance challenge or exposure when using AI tools, say Marjorie Soto Garcia and Joseph Mulherin at McDermott, and Candice Rosevear at Peregrine Economics.

  • A Look At EEOC Actions In 2025 And What's Next

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    President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Navigating Workplace AI When Federal, State Policies Clash

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    Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.