Discrimination

  • September 30, 2026

    Generator Co. Resolves Religious Bias Charge Over Pronouns

    A power generator manufacturer has settled a U.S. Equal Employment Opportunity Commission charge alleging it unlawfully refused a religious employee's request to use pronouns associated with a transgender colleague's assigned sex at birth, the commission said Wednesday.

  • September 30, 2026

    EEOC Claims UPS Yanked Deaf Applicant's Job Offer

    The U.S. Equal Employment Opportunity Commission claimed in a Wednesday lawsuit that UPS violated federal civil rights law by offering a job to a deaf applicant and then later rescinding the role after failing to give him a sign language interpreter for his employee orientation session.

  • September 30, 2026

    Former NJ Transit Atty Launches Age Bias Suit Over Firing

    A former New Jersey Transit assistant general counsel told a New Jersey state court that the agency fired him due to his age while also failing to abide by its own human resources policies in making its decision.

  • September 30, 2026

    Smithfield Foods Can't Escape EEOC Age Bias Suit

    Meat processor Smithfield Foods must face a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired a senior sales employee because she was approaching 60, after a Georgia federal judge concluded that a jury should sort out the company's shifting explanations for letting her go.

  • September 30, 2026

    EEOC Sues Staffing Firm Over 'ONLY H1B' Job Notice

    The U.S. Equal Employment Opportunity Commission has sued an information technology recruiting firm over alleged discriminatory practices after the company allegedly broke off contact with an American applicant after he questioned the legality of the recruiting email designated "ONLY H1B."

  • 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.

Expert Analysis

  • What's Next After NLRB Dismissal Of SpaceX Suit

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    Though the National Labor Relations Board’s recent decision to dismiss its long-running unfair labor practice complaint against SpaceX on jurisdictional grounds temporarily resolves a circuit split over injunctions, constitutional and employee-classification questions remain, say attorneys at Proskauer.

  • A Look Inside The EEOC Probe Of Nike's DEI Practices

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    The U.S. Equal Employment Opportunity Commission's recent sweeping subpoena against Nike for alleged discrimination against white employees and applicants signals a dramatic change in enforcement posture toward diversity, equity and inclusion programs that were previously permissible, say attorneys at Husch Blackwell.

  • What 4th Circ.-Approved DEI Ban Means For Employers

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    The Fourth Circuit’s recent lifting of the injunction against two executive orders banning recipients of federal funds from conducting diversity, equity and inclusion programs means employers should conduct audits to minimize their risk of violating federal antidiscrimination laws or the False Claims Act, says Jonathan Segal at Duane Morris.

  • Emerging Themes In Post-Groff Accommodation Decisions

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    Nearly three years after the U.S. Supreme Court's seminal decision in Groff v. DeJoy reshaped the legal framework for religious accommodations, lower court decisions and agency guidance have begun to reveal how this heightened standard operates in practice, and the pitfalls for unwary employers, says Helen Jay at Phelps Dunbar.

  • Del. Dispatch: Workplace Sexual Misconduct Liability In Flux

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    Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.

  • Harvard NLRB Ruling Highlights NLRA, Title VII Conflicts

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    A recent National Labor Relations Board decision, finding that Harvard University violated the National Labor Relations Act by not giving its police officer union information about a sensitive investigation into an officer's conduct, underscores the potential conflicts between employers' obligations under the NLRA and Title VII, says Daniel Johns at Cozen O’Connor.

  • Flashpoints In Focus: Limiting Risk In Workplace Holidays

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    As holidays and other observances increasingly become lightning rods of division, employers can chart an inclusive way forward by reviewing the relevant legal framework, and examining the company's policies, values and business needs, say attorneys at Seyfarth.

  • 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.