Discrimination

  • August 31, 2026

    Korean Bank Whistleblower Suit May Be Bound For Arbitration

    The Second Circuit on Monday asked if whistleblower retaliation claims by four former compliance executives at the New York arm of a Korean bank should have been sent to arbitration — and if a judge should have bothered with the bank's dismissal bid.

  • August 31, 2026

    6th Circ. Revives Bias Suit Against Produce Co. Subsidiary

    The Sixth Circuit reopened a lawsuit alleging that a fruit and vegetable producer failed to intervene when a Black employee complained about supervisors' racist and sexist remarks, finding the dismissal of a similar suit against a Canadian parent company didn't block the case.

  • August 31, 2026

    6 Argument Sessions Bias Attys Should Watch In September

    The Second Circuit will mull whether allegations must involve "lewd or romantic" conduct to be shielded by a 2022 law barring mandatory arbitration of sexual harassment claims, and the full Ninth Circuit will consider whether a Christian ministry can refuse to hire job applicants over their sexual orientation. Here's a look at six upcoming arguments that discrimination attorneys ought to keep an eye on.

  • August 28, 2026

    7 Do's And Don'ts For Creating A Neuroinclusive Workplace

    Employers that foster neuroinclusive workplaces can boost morale and productivity while staving off potential legal exposure under antidiscrimination laws, attorneys say. Here are seven do's and don'ts for creating a welcoming environment for neurodivergent workers while mitigating the risk of implicit bias.

  • August 28, 2026

    Ex-Eli Lilly Rep Can't File Whistleblower Claims In NJ

    A New Jersey federal judge on Friday dismissed a former Eli Lilly sales manager's suit alleging she was fired after objecting to pressure to promote off-label use of the diabetes drug Mounjaro, finding that the court lacked personal jurisdiction over the Indiana‑based drugmaker.

  • August 28, 2026

    Trump Admin Asks High Court To Uphold Trans Troop Ban

    The Trump administration urged the U.S. Supreme Court Friday to allow its ban on transgender members of the military to take full effect, arguing the policy is constitutional under the high court's developing transgender case law.

  • August 28, 2026

    NBA's Suns Say Performance, Not Bias, Drove DEI Head Firing

    The NBA's Phoenix Suns asked an Arizona federal court to grant it an early win in a lawsuit filed by its former diversity equity and inclusion chief, arguing it was her poor performance, not discrimination, that led to her firing.

  • August 28, 2026

    Piggly Wiggly Store To Pay $65K In EEOC Sabbath Work Suit

    A Piggly Wiggly operator has agreed to pay $65,000 to end a U.S. Equal Employment Opportunity Commission suit alleging the grocer forced a religious deli worker to work on the Sunday Sabbath, according to a Friday filing in Georgia federal court.

  • August 28, 2026

    Ex-University Worker Settles 1st Amendment Suit For $250K

    Georgia has agreed to pay $250,000 to end a former Georgia Southern University employee's claims that she was fired after objecting to the school's decision to not provide free chest binders to students.

  • August 28, 2026

    Airline Caterer Let Harassment Go Unchecked, EEOC Says

    A global airline catering company failed to take action after a female employee complained that her male mentor regularly made sexual comments about her body, according to a suit filed Friday by the U.S. Equal Employment Opportunity Commission.

  • August 28, 2026

    Calif. County Judges Recuse From Bias Suit Against DA's Office

    The entire bench of a county court recused itself from a lawsuit alleging the San Francisco District Attorney's Office didn't take appropriate action when a Black employee reported a colleague's use of a racial slur, pushing the trial in the decade-old case to early October.

  • August 28, 2026

    NY Forecast: 2nd Circ. Hears Ford Bid To Arbitrate Firing Case

    This week the Second Circuit will consider the United Auto Workers' challenge to a trial court decision that declined to enforce an arbitration award requiring Ford to rehire a pipefitter it fired just days after reinstating him at an arbitrator's direction. Here, Law360 looks at this and other cases on the docket in the Empire State.

  • August 28, 2026

    Ex-Sergeant Says Prosecutors Charged Him In Retaliation

    A former Colorado sheriff's sergeant has told a federal court the district attorney and her investigator who charged him with failing to report suspected child abuse lacked probable cause and the prosecution was motivated by retaliation for his First Amendment activity rather than any genuine belief he committed a crime.

  • August 28, 2026

    Management Consulting Co. Settles Pregnancy Bias Suit

    Boston Consulting Group has struck a deal to end a pregnancy bias suit from a former payroll worker who alleged a boss said she "conned" the company by taking parental leave shortly after joining and later fired her.

  • August 28, 2026

    3rd Circ. Bumps Up Worker's Race Bias Award To $2M

    The Third Circuit doubled the punitive damages awarded to a Black worker who said a ventilator supply company failed to stop co-workers' racist remarks and slurs, ruling the trial court's decision to slash a $20 million award to $1 million didn't properly punish the company's "exceedingly reprehensible" conduct.

  • August 28, 2026

    Judge Reduces Sealy Worker's 'Excessive' Harassment Win

    A Washington federal judge reduced a $5 million verdict awarded to a worker who claimed mattress company Sealy Inc. subjected her to sexual harassment, ruling she is owed only $1.25 million in damages after calling the original award "grossly excessive."

  • August 28, 2026

    Calif. Forecast: $1M Wayfair Wage Deal Up For Approval

    In the week ahead, attorneys should watch for a hearing on a deal to resolve a proposed wage and hour class action against furniture retailer Wayfair. Here's a look at that case and other labor and employment matters on deck in California.

  • August 27, 2026

    US Bank Should Face Ex-AI Chief's EEOC Claim, Judge Says

    The former head of artificial intelligence at U.S. Bank should be allowed to proceed with his discrimination claim against the bank, a North Carolina magistrate judge recommended Thursday, adding that two other claims should be dismissed as not timely or not sufficiently pled.

  • August 27, 2026

    Pilots Look To Dodge Airline's Sanctions Bid Over Group Chat

    A group of pilots is doing its best to fulfill Hawaiian Airlines' discovery request in a legal dispute over COVID-19 vaccine mandate exemptions, the pilots told a Hawaii federal judge, asking him not to sanction them for taking time to redact and format a Telegram group chat.

  • August 27, 2026

    DOJ Says Race Bias Tainted GW Med School Admissions

    The George Washington University School of Medicine and Health Services ran afoul of federal law and a recent U.S. Supreme Court decision by giving Black and Hispanic applicants an advantage over white and Asian applicants in admissions, the U.S. Department of Justice said Thursday.

  • August 27, 2026

    Judge Wary Of EEOC's Challenge To Yale Hospital Age Testing

    A Connecticut federal judge on Thursday said oral arguments forced her to rethink whether to require a trial in the U.S. Equal Employment Opportunity Commission's challenge to age-based employee cognition tests at Yale New Haven Hospital, indicating the EEOC presented a solid case and that Yale's defenses might be stronger.

  • August 27, 2026

    2nd Circ. Backs Lyft In Wheelchair Access, Disability Bias Suit

    The Second Circuit on Thursday rejected certified class claims from Westchester County, New York, residents accusing Lyft of systematically discriminating against disabled riders, saying the plaintiffs' suggestions for increasing the availability of wheelchair-accessible vehicles weren't reasonable.

  • August 27, 2026

    Feds Urge Agencies To Integrate AI Into Hiring Process

    The Trump administration outlined Thursday how federal agencies should incorporate artificial intelligence into the hiring process, suggesting that the technology can be used to craft job descriptions and evaluate applicants with human oversight.

  • August 27, 2026

    Amazon Sued Over Destroyed Meds, Leave And Bias Claims

    Amazon Web Services Inc. and Amazon.com Inc. have been sued in Georgia federal court by a disabled veteran who alleged Amazon "took and destroyed" his prescription medication and then forced him onto reduced-pay leave for six months and placed him on an unjustified performance plan for reporting what happened.

  • August 27, 2026

    Home Care Co. To Pay $60K In EEOC Sex Harassment Suit

    A home healthcare provider has agreed to pay $60,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the business's male owner made sexual comments to staff and groped them without recourse, according to a Virginia federal court filing.

Expert Analysis

  • 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.

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.