Discrimination

  • September 16, 2026

    10th Circ. Won't Revive Doctor's Age, Sex Bias Suit

    The Tenth Circuit has backed a Utah medical clinic and hospital's win in an emergency trauma physician's lawsuit claiming she was fired because of her age and sex, ruling that the physician failed to show the clinic's reason for terminating her was pretextual.

  • September 16, 2026

    A State Law Cheat Sheet For Discrimination Attorneys

    New York Gov. Kathy Hochul signed legislation that lets workers periodically peek at their personnel records and contest information they believe to be incorrect, and a legislative committee in New Jersey cleared a bill clarifying working mothers' right to receive accommodations for expressing milk while on the job. Here, Law360 looks at notable state-level legislative developments so far in September.

  • September 16, 2026

    NJ Judge Likens Hospital's NDA Rule To Soviet Policy

    A New Jersey state judge on Wednesday signaled uncertainty about whether a state-owned hospital can lawfully direct employees to keep quiet during internal investigations, at one point suggesting the nondisclosure agreement at issue looked like something written by a Cold War-era Soviet leader.

  • September 16, 2026

    1st Circ. Won't Upend City's Win In Firefighters' Bias Dispute

    The First Circuit on Wednesday upheld a jury's verdict in favor of Springfield, Massachusetts, in a suit brought by two Black firefighters who claimed the city stymied advancement opportunities because of their bias complaints, saying it found no issue with the way the lower court handled the trial.

  • September 16, 2026

    Catering Co. Snubbed Muslim Job Applicant, EEOC Claims

    A D.C.-area catering company refused to hire a Muslim job applicant because she said she wouldn't remove her hijab if she were hired, the U.S. Equal Employment Commission alleged Wednesday in Virginia federal court.

  • September 16, 2026

    EEOC Presses 6th Circ. To Clarify Rules In Age Bias Cases

    The U.S. Equal Employment Opportunity Commission urged the Sixth Circuit to make clear that workers alleging age discrimination don't have to prove bias was the sole impetus behind a negative workplace consequence, noting that the circuit's case law is inconsistent.

  • September 15, 2026

    Ogletree Continues West Coast Hires With Jackson Lewis Atty

    Labor and employment law firm Ogletree Deakins Nash Smoak & Stewart PC has landed a seasoned litigator from Jackson Lewis P.C. with extensive experience in ERISA and employment law matters, the firm announced Monday.

  • September 15, 2026

    BlackBerry Settles Former Exec's Retaliation Suit Over Firing

    BlackBerry has resolved a former executive's lawsuit alleging she was fired for reporting that the company's CEO sexually harassed her before assuming the top job, according to a filing in California federal court.

  • September 15, 2026

    Workers Look To Lock In Sweeping Workday AI Bias Class

    A group of rejected job applicants asked a California federal court to grant class status to their lawsuit alleging Workday's artificial intelligence tools discriminated against workers because of their age, sex, disability and race, arguing the expense and complexity of the case would make individual litigation unrealistic.

  • September 15, 2026

    TikTok Pay Scale Suit On Pause Pending Wash. Appeal

    A Washington state court has extended a stay in a proposed class action accusing TikTok of omitting salary information from job postings, keeping the case paused while an appeals court considers whether a key provision of the state's pay transparency law applies retroactively.

  • September 15, 2026

    2nd Circ. Fleshes Out Religious Bias Test After Feds Complain

    The Second Circuit on Tuesday amended a precedential decision that changed the framework for analyzing workers' cases over denied faith-related job accommodations after the ruling drew pushback from the federal government.

  • September 15, 2026

    Charter Tells Panel It Fired Worker Over Pot Use, Not PTSD

    Charter Communications denied firing a Connecticut employee over her post-traumatic stress disorder and argued before an appellate panel Tuesday that even if she had established a proper record of her diagnosis, she still would have been terminated on a "reasonable suspicion" that she had worked under the influence of marijuana.

  • September 15, 2026

    Ex-Coach Says Colo. School District Fueled Racial Bias

    A Black former basketball coach for a Colorado school district urged a federal judge not to toss his discrimination lawsuit that claimed the district retaliated against him for raising concerns about racism in the district, contending he plausibly alleged "a racially hostile environment."

  • September 15, 2026

    Calif. Labor Commissioner Can't Shake Wage-Delay Suit

    A California state judge refused to toss a lawsuit accusing the state Labor Commissioner's Office of routinely taking years to process workers' wage claims, rejecting the agency's arguments that the court should stay out of the dispute and that workers can pursue their unpaid wages elsewhere.

  • September 15, 2026

    Fox News Must Face Ex-Worker's Suit Alleging Sex Assault

    Fox News can't escape an ex-employee's lawsuit alleging he was sexually assaulted by a former executive producer for shows hosted by Greta Van Susteren and Tucker Carlson, with a New York federal judge saying jurors could find the producer's invitation to drinks was tied to the men's employment.

  • September 15, 2026

    Ga. Nurse Says Firing After PTSD Incident Ran Afoul Of ADA

    A fired nurse accused a medical provider of disability bias in Georgia federal court, claiming the company unlawfully fired her after she reported that her post-traumatic stress syndrome flared up when she saw a video of the aftermath of her sister's shooting.  

  • September 15, 2026

    Trump Taps Ex-DOL Official To Serve As EEOC Top Cop

    The White House nominated a former Morgan Lewis & Bockius LLP attorney who previously led the U.S. Department of Labor's contractor compliance arm to serve as the general counsel of the U.S. Equal Employment Opportunity Commission.

  • September 14, 2026

    DOD's HIV-Positive Enlistee Ban Is 'Irrational,' 4th Circ. Told

    An attorney for people barred from joining the military for being HIV-positive called the policy irrational at a Monday en banc hearing at the Fourth Circuit, as some judges asked why they should scuttle that policy and overstep deference normally afforded to military leaders.

  • September 14, 2026

    Accenture Pays $25M To End DOJ's Suit Over DEI Practices

    Accenture will pay $25 million to settle allegations its employment and hiring decisions discriminated against workers based on race or sex, the federal government announced Monday, closing another chapter in the Trump administration's efforts against diversity, equity and inclusion practices. 

  • September 14, 2026

    EEOC, Security Co. Ink $65K Deal In Religious Bias Probe

    A North Carolina-based security company will pay about $65,000 to close the book on a U.S. Equal Employment Opportunity Commission probe of allegations that it illegally denied a Muslim employee time off to observe a religious holiday and subsequently fired her for being absent, the agency announced Monday.

  • September 14, 2026

    Sanford Heisler Hires Ex-DOJ Litigator As Partner In DC

    Sanford Heisler Sharp McKnight LLP announced Monday that it has added an attorney with a decade of experience in the Employment Litigation Section of the U.S. Department of Justice's Civil Rights Division as a partner in its Washington, D.C., office.

  • September 14, 2026

    Staffing Co. Strikes Deal In EEOC Suit Over Deaf Job-Seeker

    A staffing firm has agreed to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging it snubbed a job applicant after he disclosed that he's deaf and asked for a virtual job interview, the company told a Texas federal court.

  • September 14, 2026

    UPenn Prof Hires John Eastman For Race Bias Appeal

    A suspended University of Pennsylvania law professor has hired President Donald Trump's former attorney John Eastman to argue her Third Circuit bid to revive her case alleging the school disciplined her based on her race.

  • September 14, 2026

    Jackson Lewis Removes Ex-Atty's Bias Suit To Federal Court

    Jackson Lewis PC has moved a former associate's suit accusing the firm of refusing to accommodate her temporary work restrictions following her medical leave to California federal court, saying state court wasn't the right venue for dispute.

  • September 14, 2026

    EEOC Chair Urges Workers To Report Anti-American Bias

    The head of the U.S. Equal Employment Opportunity Commission shared a video on social media Monday encouraging workers to report instances of anti-American discrimination, mirroring the outreach strategy she used last year aimed at white men.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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
    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.