Discrimination

  • February 05, 2026

    Law Firms Back NFL In Arbitration Clause Suit Before Justices

    Two nonprofit public interest law firms are pressing the U.S. Supreme Court to review a Second Circuit opinion finding the National Football League's arbitration process unenforceable, saying the opinion encourages judges to issue "subjective and arbitrary" decisions on arbitration clauses.

  • February 05, 2026

    EEOC Says Napa Auto Parts Delaying Race Bias Probe

    The U.S. Equal Employment Opportunity Commission is investigating whether Napa Auto Parts discriminated against Black job applicants, according to a Texas federal court filing Thursday that accused the company of failing to comply with the agency's demands for information.

  • February 05, 2026

    NJ Panel Backs Treasury Dept. Win In Discrimination Suit

    A New Jersey appellate panel has backed the New Jersey Department of Treasury's win in a disability discrimination suit by one of its employees, ruling her claims are either time barred or lack the necessary evidence to show severe enough conduct by the department.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

  • February 05, 2026

    Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says

    The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

  • February 04, 2026

    OSU's Defensive Analyst Says Gender Bias Got Him Fired

    Ohio State University was sued Tuesday in federal court by a former football program employee alleging it applied "gendered assumptions about credibility, aggression and victimhood" against him and fired him after he complained about a female colleague's hostile behavior.

  • February 04, 2026

    Colo. Court Considers Hospital's Gender-Affirming Care Halt

    The families of patients of Children's Hospital Colorado who allege it is discriminating against their children through its suspension of gender-affirming medical care for youth patients told a Colorado state court Wednesday the stoppage has significantly harmed their children.

  • February 04, 2026

    9th Circ. Seems Reluctant To Keep Netflix Bias Case In Court

    The Ninth Circuit zeroed in on timing Wednesday as a former Netflix worker pushed to keep her sexual harassment suit out of arbitration, appearing sympathetic to the streaming company's argument that her dispute began before a law banning mandatory arbitration for sexual harassment claims became effective.

  • February 04, 2026

    EEOC Sues Nike To Pry Loose Info For Anti-White Bias Probe

    The U.S. Equal Employment Opportunity Commission sued Nike in Missouri federal court Wednesday, claiming the sports apparel giant hasn't complied with demands for information in a probe assessing whether Nike discriminated against white workers through diversity, equity and inclusion policies.

  • February 04, 2026

    Ex-Fox News Host Decries Judge Pick's Arbitration Stance

    Gretchen Carlson, a former Fox News anchor and a leading advocate for ending forced arbitration of sexual harassment and assault in the workplace, has come out against a federal judicial nominee for Louisiana for her past comments on the issue.

  • February 04, 2026

    4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

    The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.

  • February 04, 2026

    3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

    A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

  • February 04, 2026

    United Says Pilot's Vax Accommodation Should End Dispute

    United Airlines has urged an Illinois federal judge to hand it a pretrial win over a pilot's accusation that the airline failed to properly handle his religious-based COVID-19 vaccination exemption request, arguing he received an accommodation that should be considered reasonable and defeat his claims.

  • February 04, 2026

    Ex-DLA Piper Partner Aims To Toss Claim He Raped Associate

    Allegations that an ex-DLA Piper partner raped a former Boston-based associate in Delaware in 2022 should be tossed since the Massachusetts state court the case was filed in has no jurisdiction over the Delaware claim, according to the accused former partner.

  • February 04, 2026

    Fired Boston Staffer's Suit Trimmed As Mayor Ducks Claims

    A federal judge has dismissed most of a former Boston City Hall staffer's employment lawsuit, including claims accusing Mayor Michelle Wu of firing her to protect a cabinet official from sexual harassment allegations.

  • February 04, 2026

    Calif. Opens Pay Data Reporting Portal For Large Cos.

    The California Civil Rights Department has opened its portal for employers with 100 or more employees to report pay data from 2025, the agency announced.

  • February 04, 2026

    EEOC Slaps Hotel Co. With Pregnancy, Religious Bias Suit

    A hotel management company refused to provide a pregnant employee with an adequate chair and pushed a front desk clerk to work Saturday overnight shifts even though that conflicted with his duties as an assistant pastor, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • February 03, 2026

    Guam Defends Bid To Appeal Loss Of Military Leave Suit

    A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military. 

  • February 03, 2026

    6th Circ. Backs Chemical Co.'s Win In Disability Bias Suit

    A Sixth Circuit panel kept a Michigan chemical facility operator's win Tuesday in a former worker's suit claiming that he was fired because of his disability, finding that the worker could no longer perform all of his job duties.

  • February 03, 2026

    Palm Steakhouse Chain, Black Ex-GC Resolve Race Bias Case

    The owners behind The Palm steakhouse chain and a Black former general counsel who said she was fired after being diagnosed with lung cancer have agreed to end her federal race bias lawsuit, according to a Tuesday filing in New York federal court.

  • February 03, 2026

    ESPN Wants Worker's COVID Vaccine Bias Lawsuit Dismissed

    ESPN has asked a judge to dismiss a former remote video operator's religious bias lawsuit stemming from a COVID-19 booster vaccine mandate, saying the onetime worker exaggerated its corporate parent's links to the government when accusing the company of being an arm of the state.

  • February 03, 2026

    Calif. Food Cos. To Pay $900K To End EEOC Harassment Suit

    A California produce processing operation has agreed to pay $900,000 to settle a U.S. Equal Employment Opportunity Commission lawsuit alleging higher-ups looked the other way while female employees faced pervasive sexual harassment. 

  • February 03, 2026

    Clorox Settles Male Worker's Gender Bias Suit On Eve Of Trial

    Clorox has settled a gender discrimination suit from a former employee who claimed he was fired because the company wanted more women managers, right before the case was set to go to trial and just under a year after it was revived by the Ninth Circuit.

  • February 02, 2026

    Calif. Justices Revive 'Unreadable' Arbitration Agreement Suit

    In a 6-1 decision, the California Supreme Court clarified on Monday that courts must "closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness," but the "illegibility" — font size, placement, prominence, etc. — of agreements do not themselves indicate that it is unconscionable.

Expert Analysis

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.

  • It Ends With Us Having No Coverage?

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    A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.

  • New Federal Worker Religious Protections Test All Employers

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    A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.

  • Navigating Administrative Exhaustion In EEOC Charges

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    Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.