Discrimination

  • October 26, 2026

    LGBTQ+ Group Tells 4th Circ. EEOC's Trans Bias Shift Illegal

    A Maryland LGBTQ+ advocacy group urged the Fourth Circuit to revive its lawsuit claiming the U.S. Equal Employment Opportunity Commission unlawfully backed off investigating transgender workers' bias charges, arguing that the trial court overlooked congressional and constitutional limitations on the agency's power.

  • October 26, 2026

    Fox News Ex-Worker Says Jury Must Resolve Sick-Day Claim

    The D.C. Circuit should revive an allegation that Fox News violated a Washington, D.C., sick leave law when it fired a producer 48 hours after he called out sick, the ex-producer argued, saying a D.C. federal judge erred by axing the claim.

  • October 26, 2026

    2nd Circ. Seems Leery Of Ex-Napoli Shkolnik Atty's Bias Suit

    The Second Circuit appeared skeptical Monday about reviving a former Napoli Shkolnik PLLC attorney's discrimination lawsuit against the firm, questioning whether she waited too long to submit evidence to back up her claims.

  • October 26, 2026

    Logistics Co. To Pay $396K In EEOC Antisemitism Probe

    The U.S. Equal Employment Opportunity Commission said Monday that a third-party logistics company has agreed to pay $396,000 to resolve an investigation into claims that the business failed to shut down antisemitic harassment toward a Jewish worker.

  • October 26, 2026

    Maurene Comey Illegally Fired, Entitled To Pay, Judge Holds

    Former New York federal prosecutor Maurene Comey was unlawfully fired by President Donald Trump's administration, a federal judge in Manhattan held Monday, granting back pay and potentially legal fees to the daughter of former FBI Director James Comey.

  • October 23, 2026

    Boeing Worker Says She Was Pushed Into Sex With Manager

    A Boeing employee claims her supervisor cornered her into a sexual relationship with a senior manager, who cut off contact when she got pregnant and refused to have an abortion, according to a lawsuit filed against the aerospace giant in Washington state court.

  • October 23, 2026

    TransDigm Can't Ax Ex-GC's Retaliation Suit, Ohio Court Says

    TransDigm Group cannot push to arbitration its former general counsel's lawsuit alleging that she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns at the aerospace company, an Ohio appeals court ruled, saying sexual harassment allegations are not subject to arbitration.

  • October 23, 2026

    Justices Poised To Scrutinize Bias Test Disfavored By Trump​​​​​​​

    The U.S. Supreme Court's upcoming review of the role of disparate impact evidence in a school admissions dispute comes as the Trump administration has pushed to eliminate the decades-old legal theory, and could have implications for how the doctrine operates in the employment sphere.

  • October 23, 2026

    Ex-School Administrator Opposes $53K Fees, Costs Request

    A former Eastpointe Community Schools assistant principal has asked a Michigan federal court to reject the school district's request for $53,436 in attorney fees and expenses after it won summary judgment in her race discrimination suit.

  • October 23, 2026

    EEOC Suit Over Yale's Age-Based Doc Testing Headed To Trial

    A Connecticut federal judge on Friday shot down competing bids to end a U.S. Equal Employment Opportunity Commission lawsuit accusing Yale New Haven Hospital of unlawfully subjecting doctors over 70 to cognitive tests, ruling a trial is needed to determine whether patient safety concerns warranted the exams.

  • October 23, 2026

    Food Co. To Pay $245K To End EEOC Pregnancy Bias Suit

    A Smithfield Foods subsidiary will pay $245,000 to resolve a U.S. Equal Employment Opportunity Commission suit alleging it unlawfully placed a worker on unpaid leave and then fired her after she sought pregnancy accommodations, according to a North Carolina federal court filing Friday.

  • October 23, 2026

    Chili's Workers Say Tipping System Fuels Bias, Harassment

    Three former Chili's workers accused the restaurant chain's parent company of fostering sexual harassment and racial discrimination through its tipping system and customer ratings, according to a proposed class action filed Friday in New York federal court.

  • October 23, 2026

    Ex-Police Chief Accuses Ga. City Of Anti-Gay Bias, Retaliation

    A Georgia city targeted a police chief for termination because she is a lesbian and accused city council members of ethical lapses, the former chief told a federal court.

  • October 23, 2026

    2016 Trump Campaign Must Face Trial On Retaliation Claim

    A New York state appeals court reopened a lawsuit accusing Donald Trump's 2016 presidential campaign of pursuing an arbitration case against a former staffer because she lodged a discrimination complaint, saying a jury could conclude the campaign's actions were meant to intimidate her.

  • October 23, 2026

    Green Thumb Fired Worker Over Cannabis Allergy, Suit Says

    A former employee at an Illinois unit of multistate cannabis operator Green Thumb Industries alleges in a new federal lawsuit she was unlawfully terminated from her job at a marijuana processing facility because of her allergy to a particular strain of cannabis.

  • October 23, 2026

    Fox Rothschild Seeks To Trim Atty's Hearing Impairment Suit

    Fox Rothschild LLP has moved to dismiss a number of claims brought by a former attorney who said the firm failed to provide hearing aids or alternative accommodation and then fired him, arguing the attorney failed to secure a right to sue determination from the Florida Commission on Human Relations.

  • October 23, 2026

    EEOC Says Behavioral Health Co. Defied Sex Harassment Pact

    A Washington, D.C., behavioral health services provider reneged on a nearly $40,000 deal meant to settle a U.S. Equal Employment Opportunity Commission investigation into allegations that it subjected an employee to sexual harassment, the federal agency claimed in a new lawsuit.

  • October 23, 2026

    Nurse Says NY Health System Forced Pregnancy Leave

    New York's largest health system required a pregnant nurse to take leave rather than accommodate her when she asked to take breaks and not lift more than 10 pounds throughout her high-risk pregnancy, according to a new suit filed in federal court.

  • October 23, 2026

    Mich. Court Says Judge's Move, Not Bias, Ended Worker's Job

    A courtroom coordinator's employment ended because the judge she worked for was reassigned, not because she took medical leave to undergo cancer treatment, a Michigan probate court argued, urging a federal court to grant it an early win in a disability bias lawsuit.

  • October 23, 2026

    NY Forecast: Hospital's Vacation Award Challenge At 2nd Circ.

    This week, a New York City hospital will urge the Second Circuit to overturn an arbitration award that directed the hospital to provide extra vacation days to unionized nurses as a remedy for violating staffing provisions in a labor contract.

  • October 23, 2026

    Calif. Forecast: 9th Circ. Weighs Transport Worker Exemption

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in a dispute over whether warehouse workers are exempt from federal arbitration requirements as transportation workers. Here's a look at that case and other labor and employment matters on deck in California.

  • October 22, 2026

    EEOC Making Good On Promise To Combat Religious Bias

    New religious discrimination lawsuits brought by the U.S. Equal Employment Opportunity Commission rose about 50% in fiscal year 2026, an indication that the commission is following through on pledges to make religious bias a top enforcement priority. Here, Law360 looks at four things to know about the upswing in new suits.

  • October 22, 2026

    MSU Board, GC Sued By Trustee For Racial Discrimination

    A Michigan State University trustee is suing the university's general counsel, other officials and her fellow trustees, claiming she suffered discrimination and retaliation when she spoke publicly about MSU's handling of the Larry Nassar scandal.

  • October 22, 2026

    Law Firm Can't Kick Muslim Worker's Bias Suit To Arbitration

    A New York federal judge refused to compel arbitration in a Muslim ex-law firm worker's gender bias suit claiming her bosses began mistreating her after she wore a hijab, backing a magistrate judge's conclusion that she asserted a viable sex harassment claim.

  • October 22, 2026

    Fla. College Settles Ex-Employee's Suit Over Kirk Posts

    Trustees at a Florida college have agreed to settle a former employee's lawsuit alleging she was unlawfully fired for posting on social media about the assassination of conservative activist Charlie Kirk, according to a filing in federal court.

Expert Analysis

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • OpenAI Deal Highlights AI Hiring Risks In PERM Process

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    The U.S. Department of Justice's recent settlement of allegations that OpenAI discriminated against U.S. applicants for positions connected to the permanent labor certification process underscores that employers providing or using artificial intelligence must align their recruitment practices with their overlapping compliance obligations, say attorneys at Duane Morris.

  • How Rogue AI May Shape Corporate Liability, Responsibility

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    Recent artificial intelligence cyber incidents offer a window into how companies deploying autonomous systems should document risk controls even when systems exceed their intended boundaries, as jurors may treat unexpected AI conduct as foreseeable evidence of inadequate safeguards, says Jorge Monroy at Verdict Insight Partners.

  • Meta Layoff Suit Serves As Early Test Of AI Bias Claims

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    A lawsuit in California federal court alleging that Meta's use of artificial intelligence in recent layoffs negatively affected employees on protected leave provides insight for plaintiffs about what evidence to preserve and how to build these discrimination claims, says Manny Starr at Frontier Law Center.

  • Flashpoints In Focus: Minimizing Midterm Politics At Work

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    With the upcoming midterm elections producing a steady stream of controversy, employers would benefit from planning in advance and developing guardrails to ensure that election-related rifts do not jeopardize the company's culture or results, say attorneys at Seyfarth.

  • Navigating Rising AI Use In Pro Se Employment Suits

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    As federal pro se employment filings climb, largely due to increased use of artificial intelligence, defense attorneys can combat AI misuse by building AI-specific protective order language, screening documents for hidden prompt injections and seeking sanctions over fabricated citations, says Ashley Prickett Cuttino at Ogletree.

  • Trending Legal Implications Of Employee Influencer Programs

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    Employee-generated content is rapidly becoming a popular marketing strategy, as illustrated by Starbucks' new TikTok program, but it raises several legal risks for employers, including wage and hour exposure, federal disclosure obligations, and intellectual property concerns, say attorneys at Reed Smith.

  • Flashpoints In Focus: Shifting Workplace Violence Responses

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    Amid recent threats of violence against artificial intelligence company executives and Jewish-owned businesses, employers can use policies, processes and safety controls to help prevent workplace violence and abate its recognized hazards, say attorneys at Seyfarth.

  • EEOC Bias Guidance Rollback Doesn't Negate Employer Risks

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    Despite the U.S. Department of Justice recently challenging Title VII's disparate impact provisions and the U.S. Equal Employment Opportunity Commission rescinding affirmative action guidance, employers should resist the temptation to restructure employment practices, say attorneys at Husch Blackwell.

  • Post-Ismael Bias Cases Reinforce Familiar Employer Lessons

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    Despite the Eleventh Circuit's 2025 decision in Ismael v. Roundtree sparking concern that summary judgment could become more difficult for employers in discrimination and retaliation cases, courts continue to examine whether the employer's explanation, decision-making process and contemporaneous record tell a consistent story, say attorneys at Krevolin Horst.

  • Workplace Menopause Laws Demand New HR Playbooks

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    A recent wave of state and local legislation that makes menopause an expressly protected condition in the workplace creates new compliance obligations amid an already ambiguous federal framework, and demands a workplace culture where employees feel safe asking for support, says Elliot Griffin at Ballard Spahr.

  • When Leaked Settlement Talks Complicate High-Profile Cases

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    A recent sexual harassment case involving JPMorgan Chase highlights how leaked settlement offers can affect public perception of litigation, reminding parties that a confidentiality label does not automatically create an enforceable obligation because evidentiary exclusion is limited and purpose-specific, say attorneys at Lowenstein Sandler.

  • Rare DOJ Military Bias Suit Shows Peril Of Co. Admissions

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    Although the government rarely litigates Uniformed Services Employment and Reemployment Rights Act claims against private employers, Opara v. UV Memory Care demonstrates that it will do so when an employer's own admissions build the case, potentially resulting in significant compliance obligations and long-term consequences, says Bradford Kelley at Littler.