Discrimination

  • February 26, 2026

    EEOC Looks To Patch Cracks In Harassment Case Law

    Some federal courts' recent deviation from the long-settled standard for analyzing employer liability in third-party harassment cases has prompted the U.S. Equal Employment Opportunity Commission to try to course-correct, but guidance from the nation's highest court may ultimately be necessary, experts said.

  • February 26, 2026

    SEIU Escapes Fired Pa. Hospital Worker's Bias Suit

    A Service Employees International Union unit can exit a lawsuit alleging that the union failed to properly represent a Black phlebotomist after she was fired by a Philadelphia hospital while she was on medical leave, a Pennsylvania federal judge ruled Thursday.

  • February 26, 2026

    Fla. Restaurant Strikes Deal In EEOC Sex Harassment Suit

    A Florida restaurant will pay $65,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it fired a female server after she complained that an owner was propositioning and sexually harassing her daily, according to a federal court filing.

  • February 26, 2026

    Gambling Addiction Group Settles Ex-Official's Race Bias Suit

    The Council on Compulsive Gambling of New Jersey Inc. has settled a race discrimination lawsuit by its former executive director, according to a notice that the case will be administratively terminated in 60 days.

  • February 26, 2026

    Firm Seeks Contempt Order In Mich. Atty Retaliation Suit

    An ongoing discovery fight has intensified between a metro Detroit law firm and a former associate pursuing sexual harassment claims against her ex-boss and mentor, with the firm asking a Michigan federal court to hold the attorney's new law partner in contempt for allegedly defying a subpoena and withholding documents related to their new firm.

  • February 26, 2026

    Demoted BMW Worker Wins $5M In Citizenship Bias Trial

    A South Carolina federal jury said a BMW manufacturing unit owes a former human resources manager $5.1 million after finding the business discriminated against her as an American citizen when it demoted her to make room for a German national.

  • February 26, 2026

    9th Circ. Backs L3Harris In Fired Worker's PTSD Bias Suit

    The Ninth Circuit backed defense contractor L3Harris' win in a suit claiming it unlawfully fired a painter because of his post-traumatic stress disorder, finding he admitted in an application for disability benefits that he wasn't able to work by the time he was terminated.

  • February 25, 2026

    DOJ Settles With IT Co. It Said Hurt US Workers With AI Ads

    The U.S. Department of Justice's Civil Rights Division announced Wednesday that it reached a settlement with a Virginia-based IT services company it alleged posted job advertisements generated by an artificial intelligence tool that included language restricting consideration only to certain foreign applicants.

  • February 25, 2026

    Soho House Supervisor Drugged, Raped Bartender, Suit Says

    A bartender for a Los Angeles restaurant operating inside the private members-only club Soho House was drugged and sexually assaulted by her supervisor, according to an employment suit filed Wednesday in California state court.

  • February 25, 2026

    6th Circ. Says All Of Paralegal's Bias Suit Is Arbitration-Exempt

    The Sixth Circuit ruled Wednesday that Adams and Reese LLP can't send a fired paralegal's sex harassment and disability bias suit to arbitration, ruling that a law that bars mandatory out-of-court resolutions for sexual harassment cases applies to the entirety of her lawsuit.

  • February 25, 2026

    10th Circ. Backs Pharmaceutical Co. In Vaccine Policy Suit

    The Tenth Circuit on Wednesday refused to reopen a lawsuit alleging a cancer drug company fired a sales worker for requesting a medical exemption from its COVID-19 vaccination policy, saying the months-long period between his request and termination was too long to suggest they were connected.

  • February 25, 2026

    'Conflicting' Claims Threaten Google ERISA Suit, Judge Hints

    A Connecticut federal judge suggested Wednesday that a former Google sales representative may need to make changes if he wants to advance his lawsuit alleging the tech giant withheld $2 million in commission and improperly fired him amid colon cancer treatments, pointing to "competing allegations" in the complaint.

  • February 25, 2026

    CNN Can't Shut Down Fired Worker's Breastfeeding Bias Suit

    A D.C. federal judge declined to fully toss a worker's suit claiming CNN failed to make sure she had a proper place to pump breast milk after reinstituting in-person work following the COVID-19 pandemic, ruling that a jury needs to assess whether the room that was provided complied with civil rights laws.

  • February 25, 2026

    Ex-Pot Co. Exec Properly Pled Retaliation Claims, Judge Says

    A Florida magistrate judge on Wednesday recommended against dismissing the bulk of a former Jushi Holdings Inc. executive's suit alleging he was fired in retaliation for compliance with safety standards.

  • February 25, 2026

    Calif. County Faces Lawsuit Over Alleged Harassment

    A county in Northern California violated federal law by retaliating against and firing a Native American juvenile corrections officer for reporting that she had been subjected to sexual harassment by her supervisors, a complaint filed in California federal court has alleged.

  • February 25, 2026

    CSX Strikes Deal To Wrap Up Ex-Manager's Retaliation Suit

    Rail giant CSX has reached a deal to end a lawsuit from a former maintenance manager who alleged he was met with "screaming, cussing, and hollering" for reporting railway safety concerns before eventually being forced out of his job, according to a Georgia federal court filing. 

  • February 25, 2026

    Tesla Must Face Anti-American Hiring Bias Suit

    A California federal judge declined to let Tesla out of a bias suit claiming it declined to hire American citizens in favor of foreign workers, ruling one of the applicants behind the case put forward "just enough" detail to show prejudice may have driven hiring decisions.

  • February 25, 2026

    5th Circ. Says Ex-Worker's Obstinance Sinks Retaliation Suit

    The Fifth Circuit refused to reopen a former educator's lawsuit claiming a Mississippi school district forced her to resign because she ended a romantic relationship with a school administrator, saying that tossing her case was warranted because she'd been "stubbornly resistant" to the trial court.

  • February 25, 2026

    Ousted Conn. Public Defender To Appeal Bias Suit Loss

    Connecticut's ousted chief public defender has indicated that she will seek to revive her recently dismissed discrimination lawsuit challenging her ejection from the role in 2024.

  • February 25, 2026

    Former Calif. Judge Can't Escape Sex Assault Case

    A former California Superior Court judge has lost his bid to toss five criminal counts alleging he sexually assaulted a court staffer and made false statements to investigators in an attempted cover-up.

  • February 25, 2026

    Calif. Legislator Pitches Bill To Tighten Background Checks

    A California legislator is seeking to strengthen the state's restrictions on criminal background checks for job applicants, proposing legislation that would require employers to document how a criminal conviction conflicts with specific job responsibilities before revoking an offer.

  • February 25, 2026

    Harvey Weinstein Swaps Attys As 3rd Rape Trial Looms

    Harvey Weinstein tapped a new attorney at Agnifilo Intrater for his third rape trial slated for next month, while the former Hollywood mogul's longtime defense team at Aidala Bertuna & Kamins said it will bow out.

  • February 24, 2026

    Munchkin Can't Arbitrate Ex-GC's 'War On Families' Suit

    Baby products brand Munchkin Inc. lost its bid to arbitrate its former general counsel's suit alleging he was fired for complaining about the company's "war on families," after a California judge ruled a sexual harassment claim added in an amended version of his suit exempted him from mandatory arbitration.

  • February 24, 2026

    UCLA Ignores 'Pervasive' Workplace Antisemitism, DOJ Says

    The U.S. Department of Justice on Tuesday accused the University of California, Los Angeles, of discriminating against its Jewish and Israeli employees by turning a blind eye to harassing conduct by other staffers and students in the wake of Hamas' October 2023 attack on Israel and subsequent pro-Palestine demonstrations.

  • February 24, 2026

    EEOC Accuses Hospice Provider Of Bias Against Black Nurse

    The U.S. Equal Employment Opportunity Commission on Tuesday accused a Michigan home hospice provider of discriminating against a Black nursing assistant by assigning her fewer hours and less plum assignments than her white colleagues.

Expert Analysis

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Pa. Ruling Highlights Challenges Of Employer Arb. Appeals

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    A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.

  • 7 Ways To Prepare For An I-9 Audit Or Immigration Raid

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    Because immigration enforcement is likely to surge under the upcoming Trump administration, employers should take steps to ensure their staff is trained in employment eligibility verification requirements and what to do in the event of an Immigration and Customs Enforcement I-9 audit or workplace raid, say attorneys at Littler.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Disentangling Various Forms Of Workplace Discrimination

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    Pay inequity can be missed where it exists and misidentified due to incorrect statistics, leaving individuals to face multiple facets of discrimination connected by a common root cause, meaning correct identification and measurement is crucial, says Daniel Levy at Advanced Analytical.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • Advising Employers As AI Meets DEI And Discrimination

    Excerpt from Practical Guidance
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    Though companies can use artificial intelligence tools to develop more diverse and inclusive workforces, counsel should also prepare employers for how AI can stymie these efforts, provoke discrimination claims and complicate resulting litigation, says Emily Schifter at Troutman Pepper.

  • 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.