Discrimination

  • October 19, 2026

    BNSF Fired Worker Who Asked For Smaller Tool, EEOC Says

    BNSF Railway unlawfully fired an employee who asked to use a smaller hand tool during training to avoid exacerbating a genetic condition that causes chronic pain, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • October 19, 2026

    Coke Bottler Can't Sink EEOC Suit Over Women-Only Retreat

    A New Hampshire federal judge declined to dismiss a U.S. Equal Employment Opportunity Commission lawsuit alleging a Coca-Cola bottling company bucked federal antidiscrimination law by holding a women-only corporate event, unpersuaded by the company's argument that the excluded male workers hadn't endured sufficient injury to warrant a lawsuit.

  • October 19, 2026

    Justices Won't Take Up Fired Black Counselor's Bias Suit

    The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invitation to revisit an evidentiary framework set in a landmark 1973 ruling.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

    A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husband, saying the employer was pushing for "nearly unbounded immunity."

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

    A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

  • October 16, 2026

    Calif. Forecast: Medical Center Wants Wage Arb. Bid Revived

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in an arbitration dispute in a proposed wage and hour class action against a medical center. Here's a look at that case and other labor and employment matters on deck in California.

  • October 16, 2026

    NY Forecast: 2nd Circ. Weights Union Officer Discipline Suit

    This week, the Second Circuit will consider a former union official's challenge to a lower court order dismissing his lawsuit claiming the union conducted an unfair investigation into him that resulted in him having to pay back a portion of a severance agreement from his retirement.

  • October 16, 2026

    EEOC Tells 7th Circ. Not To Upend 3rd-Party Harassment Test

    The U.S. Equal Employment Opportunity Commission urged the Seventh Circuit not to raise the bar for workers seeking to sue their employer for a third party's alleged harassment, arguing a lower court relied on an erroneous out-of-circuit ruling when it tossed a former Caterpillar Inc. employee's case.

  • October 16, 2026

    Pitt Can't Appeal Due Process Loss In Professor's Suit

    The University of Pittsburgh cannot immediately appeal a ruling that it violated a tenured professor's due process rights by suspending him without pay for a year and removing him from an endowed chair, a Pennsylvania federal judge ruled.

  • October 16, 2026

    Fired Atlanta Golf Club Worker Says Age Cost Him His Job

    A country club in Atlanta has been hit with an age discrimination suit in Georgia federal court by an ex-worker who alleges he was fired and replaced by someone younger after reporting his former boss for mistreating him.

  • October 16, 2026

    EEOC Scored $518M For Workers, Cut Backlog In Fiscal 2026

    The U.S. Equal Employment Opportunity Commission recovered approximately $518 million for workplace discrimination victims in its recently concluded fiscal year, while reducing its backlog of pending charges, Commissioner Brittany Bull Panuccio said Friday. 

  • October 15, 2026

    Ex-FBI Agents Claim Trump's Vendetta Led To Firings

    Ex-FBI agents and analysts who investigated President Donald Trump's retention of classified documents sued FBI Director Kash Patel in D.C. federal court Thursday, alleging Patel unconstitutionally fired them after a video of him drinking went viral to get back in Trump's good graces and "to satisfy the president's personal vendetta."

  • October 15, 2026

    Ex-Microsoft Manager Says Her Bias Complaints Led To Firing

    A former Microsoft Corp. engineering manager sued the tech giant in Washington state court Wednesday over claims the company eliminated her role after she raised concerns about race and gender discrimination against women of color.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    EEOC Tells 4th Circ. To Uphold Worker's Citizenship Bias Win

    The U.S. Equal Employment Opportunity Commission asked the Fourth Circuit not to grant a BMW manufacturing unit's bid to upend a national bias verdict for an American former employee, saying the threat of demotion in favor of a German worker was enough to sustain the jury's findings.

  • October 15, 2026

    Norfolk Southern On The Hook For $1.6M In Age Bias Suit

    An Alabama federal judge entered final judgment Thursday in favor of a former longtime Norfolk Southern worker who claimed the Atlanta-based company and two subsidiaries violated federal age discrimination law by forcing him out of his job, cementing a jury's $1.6 million verdict for the worker.

  • October 15, 2026

    11th Circ. Backs Allegiant Win Over Race Bias, Retaliation Suit

    The Eleventh Circuit refused to reopen a Black former Allegiant Airlines employee's suit alleging she was fired for complaining to the CEO that white colleagues were harassing her and making racist jokes, finding she only contacted the executive after she was caught lying about an altercation with a co-worker.

  • October 15, 2026

    Time Off, Light Duty Denials Drive EEOC Pregnancy Litigation

    Most of the U.S. Equal Employment Opportunity Commission's latest crop of Pregnant Workers Fairness Act cases stem from employers penalizing workers for pregnancy-related absences or pushing back on their requests to temporarily forgo strenuous work, shedding light on the statute's contours as its implementing regulations are slated for revision. 

  • October 15, 2026

    Firm Fired Recruiter For Flagging $20K Bonus Cut, Suit Says

    Financial firm The Baldwin Group denied full wages and proper breaks and fired a former senior recruiter after she challenged a $20,000 cut to her promised bonus, according to a proposed class and collective action filed in California federal court.

  • October 15, 2026

    Ex-Cal State Lecturer Can't Reopen Disability Bias Lawsuit

    A state appeals court backed California State University's win over a lawsuit alleging that administrators failed to properly respond to a lecturer's complaints that student behavior caused him anxiety, finding his request to have the disruptive students permanently removed from class was unreasonable.

  • October 15, 2026

    Marijuana Co. Wraps Up EEOC Disability Bias Suit

    A medical marijuana company will pay an ex-employee $150,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the business fired her less than an hour after she asked to take breaks at work to recover from seizures, according to a Florida federal court filing.

  • October 14, 2026

    Justices Set Conference Date For Teacher's Pronoun Petition

    The U.S. Supreme Court next month will consider a Maryland teacher's call to review whether her First Amendment rights were trampled by a Maryland school district's policy requiring her to use students' preferred pronouns, according to a notice posted Wednesday.

  • October 14, 2026

    Solar Co. Failed To Stop Workers' Gay Slurs, Suit Says

    A solar energy installation company fired two married employees who repeatedly complained that coworkers were harassing them and using homophobic slurs, the workers alleged Wednesday in Maine federal court.

Expert Analysis

  • Algorithmic Bias Risks Remain For Employers After AI Order

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    A recent executive order articulates a federal preference for a minimally burdensome approach to artificial intelligence regulation, but it doesn't eliminate employers' central compliance challenge or exposure when using AI tools, say Marjorie Soto Garcia and Joseph Mulherin at McDermott, and Candice Rosevear at Peregrine Economics.

  • A Look At EEOC Actions In 2025 And What's Next

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    President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Navigating Workplace AI When Federal, State Policies Clash

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    Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.

  • Employment Immigration Trends And Challenges For 2026

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    U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.

  • Top 10 Employer Resolutions For 2026

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    Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

  • 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.