Discrimination

  • January 26, 2026

    Ex-Calif. Judge Takes Aim At Sex Assault Charge

    A former California judge said a count of a federal indictment accusing him of sexual assault should be tossed since the alleged victim viewed him as a friend.

  • January 26, 2026

    School District Settles Suit Over Trans Student Name Policy

    An Indiana school district struck a deal to end a suit from a Christian former music teacher who said requiring him to call transgender students by their preferred names violated his religious beliefs, about six months after the Seventh Circuit revived the case.

  • January 26, 2026

    High Court Won't Review Social Security Judge's Removal

    The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.

  • January 23, 2026

    Employment Lawyers' DEI Cheat Sheet

    The attorneys general of Texas and Florida each issued missives denouncing a plethora of diversity, equity and inclusion-related laws and private initiatives, and the U.S. Department of Education dropped an appeal over the invalidation of DEI-related guidance. Here, Law360 looks at notable DEI-related legal developments in the first month of 2026.

  • January 23, 2026

    2nd Circ. Judges Appear At Odds On Arbitration Ban's Reach

    Two Second Circuit judges expressed oftentimes conflicting interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act during a case hearing Friday, engaging in a lengthy debate hinged on what claims the arbitration shield can keep in court.

  • January 23, 2026

    NJ Teachers Union Accused Of Racial Pay Disparity

    A Black longtime employee of the New Jersey Education Association has been paid less than her colleagues because of her race, she told a state court.

  • January 23, 2026

    DOJ Alumni Back Maurene Comey In Effort To Keep Suit Alive

    U.S. Department of Justice alumni and a group that includes attorneys, law professors and former judges have filed briefs supporting former Manhattan federal prosecutor Maurene Comey's call for a New York federal court to reject the DOJ's bid to dismiss a suit over her firing.

  • 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.

Expert Analysis

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.