Discrimination

  • January 23, 2026

    Calif. Forecast: Court Weighs BlackBerry Discrimination Suit

    In the coming week, attorneys should watch for a summary judgment hearing in a former BlackBerry Corp. executive's discrimination and harassment suit. Here's a look at that case and other labor and employment matters on deck in California.

  • January 23, 2026

    Safeway, Union Local Must Face Pro Se Bias Suit

    Safeway and a United Food and Commercial Workers local must face an ex-cashier's claims that discrimination played into the store's hostile treatment of him and the union failed to adequately fight for him, with an Oregon federal judge preserving most of the pro se litigant's suit.

  • January 23, 2026

    NY Forecast: 2nd Circ. Weighs Reviving SEIU Fund Bias Suit

    This week, the Second Circuit will consider whether to revive a discrimination suit a former worker for a Service Employees International Union benefit fund brought claiming the fund fired him after refusing to accommodate a disability that prevented him from driving for long periods of time.

  • January 23, 2026

    EEOC Leaders Tighten Grip On Power To Sue Employers

    The U.S. Equal Employment Opportunity Commission has updated its internal processes to further consolidate in its political leadership the ability to haul employers into court by tightening its top lawyer's ability to file routine cases from an approximately 5-year-old framework.

  • January 23, 2026

    7th Circ. OKs Chicago Teachers' Pension Fund Bias Suit Win

    The Seventh Circuit on Wednesday affirmed the Chicago Teachers' Pension Fund's win in a former accountant's lawsuit claiming he was fired because he is a Black man in his 60s, holding that the lower court didn't err in finding that poor job performance led to his termination.

  • January 22, 2026

    6th Circ. Won't Revive Ex-Detroit Worker's Race Bias Suit

    The Sixth Circuit on Wednesday refused to reinstate a discrimination suit alleging the Detroit Water and Sewerage Department fired a Black female accountant because of her race, finding her performance reviews reflected continuous issues like missing work deadlines or making errors that took weeks to fix.

  • January 22, 2026

    DC Circ. Presses Feds To Justify Military Trans Ban

    A D.C. Circuit judge pressed the government on Thursday to justify a policy that effectively bars transgender people from serving in the military, questioning why Secretary of Defense Pete Hegseth imposed a more stringent policy than the first Trump administration did. 

  • January 22, 2026

    Debt Collector Takes Computer Fraud Ruling To High Court

    A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.

  • January 22, 2026

    CTA's Vax Mandate Was An 'Impossible Dilemma,' Jury Hears

    The Chicago Transit Authority put a former employee into an "impossible dilemma" and forced him to choose between honoring his Christian faith or receiving a COVID-19 vaccine when it flatly rejected his vaccination exemption request and later fired him for mandate noncompliance, Illinois federal jurors heard Thursday.

  • January 22, 2026

    Assistant DA Isn't 'Employee' In Her Race Bias Suit, Court Told

    A North Carolina prosecutor can't be targeted in a race bias and retaliation suit under Title VII, as the Black assistant district attorney alleging an unlawful pay disparity isn't an "employee" under the federal statute, the prosecutor's counsel told a North Carolina federal court Thursday.

  • January 22, 2026

    EEOC Argues Sexual Harassment Case Can Dodge Arbitration

    The U.S. Equal Employment Opportunity Commission urged the Fourth Circuit to back a broad reading of a law barring sexual harassment disputes from arbitration, arguing a Barclays executive's sex bias suit didn't need to claim mistreatment of a sexual nature to avoid an out-of-court resolution.

  • January 22, 2026

    Judge Recommends Toss Of Ex-Deputy's Political Firing Suit

    A Georgia federal judge has recommended tossing a former metropolitan Atlanta deputy sheriff's suit alleging he was forced to resign because he supported the sheriff's 2024 election opponent, while also urging sanctions against the deputy's attorney for citing nonexistent cases and misstating the law.

  • January 22, 2026

    Bally's Casino Beats Bartenders' Age Bias Suit Appeal

    A New Jersey appellate court on Thursday upheld dismissal of claims accusing Bally's Atlantic City Hotel & Casino of preventing unionized bartenders from working at a new casino bar because of their age, finding that the claims fail to show a discriminatory motive for the bar's hiring decisions.

  • January 22, 2026

    Colo. Hospital Faces Suit Over Halt To Gender-Affirming Care

    Patients of Children's Hospital Colorado filed a proposed class action in Colorado state court alleging the healthcare provider is discriminating against them through its suspension of gender-affirming medical care for patients under the age of 18 amid recent federal government mandates.

  • January 22, 2026

    11th Circ. Reopens Telemundo Sexual Harassment Claims

    The Eleventh Circuit gave new life Thursday to a sexual harassment suit from a former Telemundo employee who said she faced retribution for reporting what she alleged was her superiors' misconduct, ruling that she "unquestionably" engaged in protected activity amid "humiliating and degrading" treatment.

  • January 22, 2026

    10th Circ. Grapples With White Officer's Diversity Fight

    The Tenth Circuit wrestled Thursday with whether to revive a white former corrections officer's twice-dismissed suit accusing the Colorado Department of Corrections of creating a racially hostile environment through diversity training, with one judge questioning the impact of a recent U.S. Supreme Court ruling that favored majority group plaintiffs.

  • January 22, 2026

    Meta Can't Arbitrate Suit Alleging Bias Against White Workers

    Meta Platforms can't arbitrate a former engineer's suit alleging it fostered a hostile work environment that discriminated against white male employees and job applicants for hiring opportunities, promotions and bonuses, according to a minute order issued by a California state judge.

  • January 22, 2026

    NYC Homeless Nonprofit Shaved Hours, Ex-Worker Says

    A New York City nonprofit that operates homeless shelters shaved time off of employees' hours, resulting in unpaid wages and overtime, according to a proposed class and collective action complaint filed Thursday in New York federal court.

  • January 22, 2026

    Ex-Baker McKenzie Atty Alleges Assault In New DC Lawsuit

    A former Baker McKenzie associate who was sued for defamation over a series of social media posts accusing the firm's Washington, D.C., managing partner of sexual assault has brought her own lawsuit, marking the first time she publicly detailed her allegations in court records.

  • January 22, 2026

    Walmart Defeats Black Manager's Race Bias, Harassment Suit

    Walmart prevailed Thursday over a suit from a Black former manager who said he was denied a promotion and subjected to racist harassment on the job, when a Michigan federal judge ruled he lacked evidence that he was qualified for higher roles or had endured severe mistreatment.

  • January 22, 2026

    Littler Names New Board Of Directors Chair, Adds 3 Members

    Littler Mendelson PC has elected New York shareholder William J. Anthony to serve as chair of its 19-member 2026 Board of Directors and named three new board members.

  • January 22, 2026

    Delivery Co., EEOC End Suit Over Deaf Applicant's Nixed Offer

    A freight delivery company has agreed to pay $47,000 to end a U.S. Equal Employment Opportunity Commission suit that said it yanked a job offer from a deaf applicant after she asked for a sign language interpreter.

  • January 22, 2026

    Calif. Universities, Faculty Settle EEOC Info-Sharing Fight

    The California State University system has struck a deal with faculty labor unions to resolve a suit claiming the CSU improperly shared employee contact information with the U.S. Equal Employment Opportunity Commission to aid an investigation into antisemitism on its campuses.

  • January 22, 2026

    EEOC Chair Decries 'Fearmongering' Amid Guidance Repeal

    The Republican members of the U.S. Equal Employment Opportunity Commission voted Thursday to retract comprehensive harassment guidelines issued during the Biden administration after the agency's chair panned warnings from Democrats and civil rights advocates that the move erodes key worker protections.

  • January 22, 2026

    Food Hall Strikes Deal To End EEOC Racial Harassment Suit

    A Virginia food hall has agreed to pay $54,000 to resolve an Equal Employment Opportunity Commission suit claiming the business's owner created a hostile work environment by using a racial slur and making racist comments to a Black general manager.

Expert Analysis

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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
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    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

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    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

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    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

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    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

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    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

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    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.