Discrimination

  • March 10, 2026

    Recycling Co. Can't Rope Staffing Firms Into EEOC Bias Suit

    An Alabama federal judge on Tuesday shut down a recycling plant's bid to drag three staffing companies into a sex bias case from the U.S. Equal Employment Opportunity Commission claiming the company refused to hire women, ruling that doing so would allow the business to improperly escape liability.

  • March 10, 2026

    Biopharma Co. Can't Beat Former Exec's Age, Race Bias Suit

    A Merck subsidiary can't dodge a former executive's suit claiming she was unlawfully laid off because she's an Asian woman in her 40s, a New York federal judge ruled Tuesday, saying it's too early for the company to challenge her data suggesting the reduction-in-force was rooted in bias.

  • March 10, 2026

    Postal Delay Unfair Grounds For Tossing Suit, 11th Circ. Says

    A Georgia federal judge should have cut a break to a construction worker whose race bias suit barely missed its statutory filing deadline thanks to hurricane-induced postal delays, an Eleventh Circuit panel said Tuesday.

  • March 10, 2026

    4th Circ. Backs W.Va.'s Trans Care Coverage Exclusion

    The Fourth Circuit said Tuesday that West Virginia's Medicaid coverage exclusion for gender-affirming care passes constitutional muster and does not discriminate based on sex, basing its conclusion on a U.S. Supreme Court ruling that upheld Tennessee's ban on gender-affirming care for minors.

  • March 10, 2026

    Judge Seems Open To Giving EEOC Penn's Jewish Staff Info

    A Pennsylvania federal judge seemed inclined Tuesday to enforce the U.S. Equal Employment Opportunity Commission's subpoena for the University of Pennsylvania's Jewish employees' contact information, a request that has alarmed the school and several advocacy groups, expressing doubt that the information would be used for nefarious purposes.

  • March 10, 2026

    After Mistrial, EEOC Settles Worker's Promotion Bias Suit

    The U.S. Equal Employment Opportunity Commission struck a deal to end a longtime agency employee's lawsuit claiming she was unlawfully passed over for a promotion, a month after jurors deadlocked over whether sex motivated the decision not to bump her up in the ranks.

  • March 10, 2026

    Boston Exam Schools Case May Hinge On 1st Circ. Ruling

    A Massachusetts federal judge weighed arguments Tuesday on whether to dismiss a challenge to the admissions system for Boston's three selective "exam schools" in light of a First Circuit ruling backing a previous plan that increased racial diversity.

  • March 10, 2026

    NFLPA Leaders Align To Sink Ex-Lawyer's Retaliation Suit

    NFL Players Association officials are firing back against a former attorney's retaliation suit, hoping to dismiss her claims that union leaders intimidated her against testifying in a federal probe into its finances.

  • March 10, 2026

    EEOC, Comedy Club Ink $373K Deal To End Harassment Probe

    A comedy club in Louisville, Kentucky, will pay nearly $373,000 to close the book on a U.S. Equal Employment Opportunity Commission investigation into whether a manager sexually harassed female employees, the agency said Tuesday.

  • March 10, 2026

    Judge Nixed Over MAGA Op-Ed Seeks Reinstatement

    A retired Illinois state trial court judge pursuing First Amendment claims against the state Supreme Court after his right-wing opinion column resulted in his removal from a temporary judgeship has moved for immediate reinstatement to the Cook County Circuit Court.

  • March 10, 2026

    Ex-Program Head Says Rutgers Fired Him For Whistleblowing

    A former assistant dean and director of the Minority Student Program at Rutgers Law School is alleging in New Jersey federal court that he was fired after he complained about unlawful discrimination and financial misappropriation in the workplace.

  • March 10, 2026

    DLA Piper Can't Rep Itself At Bias Trial, Fired Atty Says

    DLA Piper should not be permitted to represent itself at trial in a pregnancy discrimination case brought by a senior associate who was fired in 2022, lawyers for the plaintiff told a Manhattan federal judge.

  • March 10, 2026

    Miss. Steakhouse Ousted Worker Over Seizure, EEOC Says

    A Mississippi steakhouse unlawfully fired a worker soon after learning she had a health condition that caused seizures, the Equal Employment Opportunity Commission told a federal court.

  • March 09, 2026

    Employment Law Cases Have Rebounded Except For FLSA

    Employment law cases overall have bounced back from pandemic-era lows, especially discrimination and disability accommodation suits, though a slump has continued for Fair Labor Standards Act claims, according to a report by legal analytics provider Lex Machina.

  • March 09, 2026

    Nonprofit Accused Of Firing Director For Medical Leave

    The American Forest Foundation fired a former director for taking a leave of absence to address physical and mental health concerns brought on by a disability, the ex-director told a Colorado federal court.

  • March 09, 2026

    Google Shuts Down Claims It Fired Worker Over Cancer

    A Connecticut federal judge tossed a suit Monday from a former sales representative who said Google fired him after learning he had cancer to avoid paying out a $4 million life insurance policy, saying the ex-worker sent "mixed messages" on whether Google thought the condition was terminal.

  • March 09, 2026

    Water Damage Co. Faces Class Action Over Wages

    A pair of former employees of a water damage repair company claim in a proposed class action filed in Colorado state court that the company is violating Colorado employment laws by not allowing employees to take state-mandated breaks and by paying on-call workers a flat rate for assignments regardless of the actual hours worked.

  • March 09, 2026

    UPenn May Face Long Odds As EEOC Seeks Jewish Staff List

    The U.S. Equal Employment Opportunity Commission's robust investigative authority may give it an edge when it squares off with the University of Pennsylvania in federal court Tuesday to debate the agency's demand for detailed information on the Jewish members of the campus community, experts say.

  • March 09, 2026

    6th Circ. Upholds Dismissal Of Detroit Teacher's Bias Suit

    A former Detroit teacher has failed to persuade the Sixth Circuit to reopen her claims that school administrators treated her differently because of her Jewish faith and punished her for posting about a student assault in a teachers' Facebook group.

  • March 09, 2026

    5th Circ. Won't Unwind Class In United Airlines Vax Bias Suit

    The Fifth Circuit said Monday that United Airlines can't roll back class certification for workers who brought religious bias claims after opposing the air carrier's COVID-19 vaccine mandate and getting placed on unpaid leave, rejecting concerns that the courts would have to probe the sincerity of each worker's convictions.

  • March 09, 2026

    5th Circ. Says Atty's Flaky Handling Justifies Axing Bias Suit

    A trial court was right to toss a suit from a former correctional facility employee who said he was passed over for promotion because he's Black and was fired when he complained, the Fifth Circuit ruled Monday, faulting his lawyer for ignoring her duty to pursue his case.

  • March 09, 2026

    2nd Circ. Seems Skeptical Of Teachers' Pride Flag Bias Suit

    The Second Circuit appeared hesitant Monday to revive three LGBTQ+ high school teachers' suit alleging they were unlawfully banned from displaying pride flags, with two judges hinting that a 20-year-old U.S. Supreme Court ruling governing public employee speech imperils their case.

  • March 09, 2026

    Trans Patients Score Block On Aetna Facial Surgery Exclusion

    Aetna must reconsider whether two transgender women can receive coverage for their gender-affirming facial reconstruction surgeries, a Connecticut federal judge ruled, finding that a policy categorically excluding coverage for the procedure was likely discriminatory.

  • March 09, 2026

    Ex-Security Worker Accuses Pittsburgh Pirates Of Age Bias

    A former security supervisor for the Pittsburgh Pirates says she was interrogated by officials from Major League Baseball over a secret recording of her discussing gambling with other employees, and she claims in a lawsuit that she was the only one to face investigation because she was an older woman.

  • March 09, 2026

    Sports Gear Co. Settles EEOC Age Bias, Retaliation Suit

    A sports gear company will pay $350,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit accusing it of favoring younger employees during an organizational restructure and fired a worker in his 50s because he complained, the commission said Monday.

Expert Analysis

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4 In-Flux Employment Law Issues Banks Should Note

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    Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.

  • 7 Ways Employers Can Avoid Labor Friction Over AI

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    As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

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    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

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    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Protecting Workers Amid High Court-EEOC Trans Rights Rift

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    In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Challenging A Class Representative's Adequacy And Typicality

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    Recent cases highlight that a named plaintiff cannot certify a putative class action unless they can meet all the applicable requirements of the Federal Rules of Civil Procedure, so defendants should consider challenging a plaintiff's ability to meet typicality and adequacy requirements early and often, say attorneys at Womble Bond.

  • Age Bias Ruling Holds Harassment Policy Lessons

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    A Kansas federal court's recent decision in Holman v. Textron Aviation, rejecting an employee's assertion that his termination for failing to report harassment was pretextual and due to age bias, provides insight into how courts analyze whether actions are pretextual and offers lessons about enforcing anti-harassment policies, say attorneys at Ogletree.

  • Employer Tips As Deepfakes Reshape Workplace Harassment

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    As the workplace harassment landscape faces the rising threat of fabricated media that hyperrealistically depict employees in sexual or malicious contexts, employers can stay ahead of the curve by tracking new legal obligations, and proactively updating policies, training and response protocols, say attorneys at Littler.

  • How To Balance AI Adoption With Employee Privacy Risks

    Excerpt from Practical Guidance
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    As artificial intelligence transforms the workplace, organizations must learn to leverage AI's capabilities while safeguarding against employee privacy risks and complying with a complex web of regulations, including by vetting vendors, mitigating employee misuse and establishing a governance framework, say attorneys at Jackson Lewis.

  • How Ending OFCCP Will Affect Affirmative Action Obligations

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    As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.