Discrimination

  • June 02, 2026

    High Court Ruling Can't Save Race Bias Suit, 5th Circ. Says

    The Fifth Circuit backed the ending of a teacher's suit alleging he was fired because of his Mexican American ancestry, finding his case couldn't be saved by a U.S. Supreme Court ruling that nixed additional evidentiary hurdles in bias cases for workers of majority groups.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    DC Circ. Says Military Trans Ban Flouts Constitutional Rights

    A divided D.C. Circuit panel Monday said the Trump administration illegally banned transgender individuals from military service, then narrowed a preliminary injunction to prevent the government's exclusion of transgender people presently serving in the military but not those desiring to enlist.

  • June 01, 2026

    Wash. Mandates Menopause Protections For Cabinet Workers

    Washington state Cabinet agencies will soon be required to accommodate employees experiencing menopause and perimenopause after Gov. Bob Ferguson on Monday instructed the state Women's Commission to help develop guidance, policies and resources applicable to menopause-related conditions.

  • June 01, 2026

    Retailer Can Seek Atty Fees For 'Groundless' ADA Suit

    A Colorado federal judge ruled Monday that the U.S. Equal Employment Opportunity Commission pressed frivolous allegations that an appliance retailer unlawfully failed to accommodate a worker's long COVID-19, potentially putting the EEOC on the hook for all the business' attorney fees.

  • June 01, 2026

    Kia, Hyundai Workers' Attys Get $3.45M Fee Award In Visa Suit

    A Georgia federal court on Monday awarded $3.45 million in attorney fees and costs to lawyers for workers who reached an $11.5 million settlement over claims that a Hyundai supplier, a Kia plant and staffing agencies recruited skilled Mexican engineers for production work and underpaid them.

  • June 01, 2026

    NFL Benefit Plans Vow To Reset 'Race Norming' Test Scores

    The NFL's disability and retirement plans have agreed to reassess former players' cognitive health to settle a sweeping class action accusing the plans of muting the results based on race.

  • June 01, 2026

    11th Circ. Backs Miami Beach In Ex-Cop's Retaliation Suit

    The Eleventh Circuit refused Monday to reopen a former Miami Beach police officer's lawsuit claiming she was forced out for complaining about colleagues' sexually explicit comments and behavior, finding she couldn't overcome the city's explanation that she repeatedly neglected her duties.

  • June 01, 2026

    Ill. Legislators Greenlight Disparate Impact Bias Protections

    Illinois lawmakers approved legislation Monday that would codify protections against disparate impact discrimination into state law, a move that follows an order from President Donald Trump instructing executive agencies to drop investigations into alleged instances of unintentional bias.

  • June 01, 2026

    5th Circ. Wary Of Airline's Bid To Void EEOC Harassment Win

    The Fifth Circuit weighed Monday whether to leave in place a $300,000 verdict for the U.S. Equal Employment Opportunity Commission in its sexual harassment case against SkyWest Airlines, as two judges pushed back on some of the airline's arguments for a new trial.

  • June 01, 2026

    Delta Lands Tentative Deal To End EEOC Pregnancy Bias Suit

    Delta has struck a deal to end a U.S. Equal Employment Opportunity Commission suit claiming the airline illegally yanked a job offer from a pregnant worker who wasn't allowed to complete a physical screening because she was pregnant, the parties told a New York federal judge.

  • June 01, 2026

    Atty-Client Privilege Shields Bias-Testing Data In Workday Suit

    Workday won't be required to hand over bias-testing data in a suit claiming the company's artificial intelligence-powered software unlawfully discriminated against job applicants, after a California federal judge ruled that the information is protected by attorney-client privilege.

  • June 01, 2026

    High Court Turns Away Health Workers' Vaccine Mandate Case

    The U.S. Supreme Court declined a bid for review Monday from workers who said a nonprofit healthcare system and Washington state violated their rights by issuing COVID-19 vaccination mandates, leaving in place a Ninth Circuit ruling that said their case didn't pass muster.

  • May 29, 2026

    A State Law Cheat Sheet For Discrimination Attorneys

    New York lawmakers advanced legislation guaranteeing workers' access to their employment file, Connecticut legislators sent a sweeping artificial intelligence bill to the governor's desk, and the California Senate approved a bill limiting AI’s role in disciplinary decisions. Here's Law360's biweekly look at notable state-level legislative developments discrimination lawyers should have on their radar.

  • May 29, 2026

    4 Argument Sessions Bias Attys Should Watch In June

    The U.S. Equal Employment Opportunity Commission will head to the Fifth Circuit to defend its trial win in a harassment lawsuit against an airline, and then appear before the Ninth Circuit to argue for the reinstatement of a disability discrimination suit against a financial services company. Here's a look at a quartet of oral arguments that discrimination attorneys should keep tabs on in June.

  • May 29, 2026

    U. Of Oregon Women Athletes Denied Class Cert. In Bias Suit

    An Oregon federal judge has ruled that four proposed classes of women athletes accusing the University of Oregon of treating them unequally compared with men did not meet class certification criteria but said certifying another group later was possible.

  • May 29, 2026

    UAW, Auto Parts Maker Escape Race Discrimination Suit

    The United Auto Workers and an auto parts manufacturer defeated a Black former forklift driver's lawsuit alleging his union failed to adequately represent him when he was fired for complaining that a white colleague used a racial slur, with an Ohio federal judge ruling he filed his claims too late.

  • May 29, 2026

    U. Of Mich. Surgeon Sues Over Teaching Suspension

    A University of Michigan surgeon has sued the school's Board of Regents and a department chair, claiming they suspended him from teaching over protected classroom speech and retaliated against him for prior lawsuits claiming age discrimination and other misconduct.

  • May 29, 2026

    Calif. Forecast: Phillips 66 Seeks Toss Of Standby Shifts Suit

    In the week ahead, attorneys should watch for a motion to dismiss hearing in a proposed wage and hour class action against oil refinery company Phillips 66. Here's a look at that case and other labor and employment matters on deck in California.

  • May 29, 2026

    CNN Strikes Tentative Deal To End Breastfeeding Bias Case

    CNN America and a former worker who claimed she was unlawfully denied a proper place to pump breast milk on the job told a D.C. federal court they had agreed on the broad strokes of a deal to resolve her suit.  

  • May 29, 2026

    EEOC Poised To Rescind Biden-Era Enforcement Priorities

    The U.S. Equal Employment Opportunity Commission will meet Thursday to consider retracting a Biden-era strategic enforcement plan that pledged to focus on protecting LGBTQ+ individuals, religious minorities and workers impacted by technology-related bias.

  • May 28, 2026

    Shield AI Worker Alleges Data Fraud, 'Sexual Violence' By Exec

    An employee hit Shield AI Inc. with a suit in Texas federal court Thursday, alleging the defense technology company engaged in data fraud, allowed a company executive to perpetuate "egregious acts of sexual violence," and retaliated against him after he spoke up.

  • May 28, 2026

    11th Circ. Says Damages Caps Misconstrued In Bias Verdict

    The Eleventh Circuit ruled on Thursday that a discrimination verdict against a Miami car dealership was slashed too far when a judge chose between federal and state damages caps, saying the caps should be added together.

  • May 28, 2026

    Ex-VP Accuses Wells Fargo Of Race, Disability Bias

    A former executive hired to help oversee Wells Fargo's compliance with a federal consent order over an unauthorized account scandal has accused the bank of race and disability discrimination, saying he was retaliated against and ultimately fired after lodging internal complaints of disparate treatment of Black employees.

  • May 28, 2026

    Mail Carrier, AGs Press Justices To Hear Firefighter Vax Case

    The former mail carrier behind a 2023 U.S. Supreme Court ruling that made it harder for employers to deny religious accommodations and GOP state attorneys general are among a chorus of amici backing a bid for high court review from Washington firefighters who were denied faith-based COVID-19 vaccine exemptions. Here's a look at their arguments. 

Expert Analysis

  • It Starts With Training: Anti-Harassment After 'It Ends With Us'

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    Actress Blake Lively's recent sexual harassment and retaliation allegations against her "It Ends With Us" co-star, director and producer, Justin Baldoni, should remind employers of their legal obligations to implement trainings, policies and other measures to prevent sexual harassment in the workplace, say attorneys at Morrison Cohen.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

  • 5 Things For Private Employers To Do After Trump's DEI Order

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    Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.

  • Zuckerberg's Remarks Pose Legal Risk For Meta Amid Layoffs

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    Within days of announcing that Meta Platforms will cut 5% of its lowest-performing employees, Mark Zuckerberg remarked that corporations are becoming "culturally neutered" and need to bring back "masculine energy," exposing the company to potential claims under California employment law, says Andi Mazingo at Lumen Law Center.

  • Preparing For A Possible End To The Subminimum Wage

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    The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.

  • Water Cooler Talk: 'Harry Potter' Reveals Magic Of Feedback

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    Troutman Pepper's Tracey Diamond and Emily Schifter chat with Wicker Park Group partner Tara Weintritt about various feedback methods used by "Harry Potter" characters — from Snape's sharp and cutting remarks to Dumbledore's lack of specificity and Hermione's poor delivery — and explore how clear, consistent and actionable feedback can transform workplaces.

  • What To Expect From Trump's Deputy Labor Secretary Pick

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    President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.

  • A Look At Order Ending Federal Contractor Affirmative Action

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    To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny

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    The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • 10 Key Worker-Friendly California Employment Law Updates

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    New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.