Discrimination

  • January 16, 2026

    Judge Backs Employment Law Firm's 'Harmless Flirting' Ad

    A New York federal judge said an employment law firm would probably win its constitutional challenge to the rejection of a billboard advertising its willingness to sue companies that dismiss sexual harassment as "harmless flirting," calling a Syracuse airport authority's concerns that the ad pushed false information "nonsense."

  • January 16, 2026

    Maurene Comey Fights DOJ Bid To Toss Firing Suit

    Former Manhattan federal prosecutor Maurene Comey has urged a New York federal court to reject the U.S. Department of Justice's bid to dismiss her firing suit, arguing her claims belong before the district court and not under the jurisdiction of a non-independent board now controlled by the president.

  • January 16, 2026

    J&J Largely Loses Bid To Toss Former Atty's NJ Bias Suit

    A New Jersey federal judge largely shot down Johnson & Johnson's bid to scrap a former company data privacy attorney's racial and gender discrimination suit and rejected its bid to sanction her over the case.

  • January 16, 2026

    11th Circ. Affirms Toss Of Worker's Bias Suit Against UPS

    The Eleventh Circuit has ruled that an Alabama district court rightly tossed a Black worker's discrimination suit against UPS, rejecting her arguments that she should have been allowed to revise her case.

  • January 16, 2026

    2nd Circ. Backs School Official In Librarian's Race Bias Suit

    A Black librarian could not show that race discrimination drove a New York school superintendent to pull a job offer from her, the Second Circuit ruled, affirming a federal judge's decision.

  • January 16, 2026

    La. State Court Greenlights Challenge To Gender Care Ban

    A Louisiana state judge sided with a group of transgender teenagers who argue the state's ban on gender-affirming care for minors is unconstitutional, denying the state's bid to dismiss the case, according to an announcement Friday from the minors' attorneys.

  • January 16, 2026

    NY Forecast: 2nd Circ. Weighs Arbitration Ban In TikTok Case

    This week, the Second Circuit will consider TikTok's bid to overturn a federal judge's decision keeping a former executive's age and gender bias suit in court instead of sending it to arbitration.

  • January 15, 2026

    Univ. Of Arkansas Drops New Law Dean, Reportedly Over Brief

    The ACLU of Arkansas and others Thursday criticized the University of Arkansas for reversing its decision to hire legal scholar Emily Suski as its law school dean, reportedly due to political pressure generated by her support for transgender student athletes in an amicus brief to the U.S. Supreme Court.

  • January 15, 2026

    Air Force Asks Justices Not To Hear COVID Vax Back Pay Case

    The U.S. Air Force urged the U.S. Supreme Court to not hear a reservist's bid for back pay after he refused to follow its now-overturned COVID-19 vaccine mandate on religious grounds, arguing its sovereign immunity bars compensatory damages claims. 

  • January 15, 2026

    Verizon, Calif. Strike Diversity Deal In Frontier Takeover

    California utility regulators approved Verizon's takeover of Frontier Communications' fiber network Thursday, after the wireless giant has reached several agreements to support statewide diversity and digital equity initiatives.

  • January 15, 2026

    Inability To Work In Person Sinks Fired Employee's ADA Suit

    The Fourth Circuit backed the dismissal of a disability bias suit from a worker who claimed a private aircraft servicer fired her for seeking remote work to manage her breast cancer diagnosis, ruling her termination was fair game because she couldn't consistently perform in-person duties critical to her role.

  • January 15, 2026

    Ex-Coach Says NJ University's Gender Bias Led To Her Firing

    An award-winning Montclair State University softball coach told a New Jersey federal court that the university wrongfully fired her following an investigation into alleged misconduct that she said was tainted with gender bias and failed to let her respond.

  • January 15, 2026

    DOJ Targets Minnesota's Affirmative Action Hiring Policies

    The U.S. Department of Justice told a federal court that Minnesota's affirmative action hiring policies for government positions violate civil rights law by handing opportunities to workers based on their identity.

  • January 15, 2026

    2nd Circ. Seems Reluctant To Wrap Up EEOC Union Bias Suit

    The Second Circuit appeared skeptical Thursday of the U.S. Equal Employment Opportunity Commission's push to wind down a more than half-century-old race discrimination case against unions and apprenticeship programs, questioning whether bias still pervaded the organizations' practices.

  • January 15, 2026

    6th Circ. Says Cop's Rap Videos, Not Race Bias, Got Him Fired

    The Sixth Circuit declined to revive a suit from a Black cop who said race bias cost him his job, ruling he couldn't overcome evidence that he was actually terminated for creating and posting rap videos that depicted him brandishing guns and simulating shooting a homeless person.

  • January 14, 2026

    Full 5th Circ. Will Revisit PWFA's Constitutionality

    The Fifth Circuit late Wednesday vacated a split panel opinion allowing enforcement of the Pregnant Workers Fairness Act against the state of Texas, granting an en banc rehearing to consider whether the U.S. Constitution required House lawmakers' physical presence to have a quorum when the statute was approved.

  • January 14, 2026

    Wells Fargo Brass Gets 1st OK For 'Fake' Diversity Suit Deal

    A California federal judge has granted the first green light to a settlement reached between Wells Fargo investors and executives in a derivative suit claiming the bank's leadership failed to address the company's discriminatory lending practices and engaged in "fake" interviews with diverse candidates.

  • January 14, 2026

    Judge Questions If Workers' Attys Can Handle AI Bias Class

    A California federal judge called out the attorneys for a proposed class of workers who accused human resources software company Workday of using biased artificial intelligence to screen out job applicants, saying Wednesday that evidence indicated they'd been "asleep at the wheel."

  • January 14, 2026

    JPMorgan's Tobacco-Use Health Fee Is Illegal, Employee Says

    A JPMorgan Chase & Co. employee has hit the financial giant with a proposed class action in a New York federal court accusing it of issuing health insurance plans including fee requirements for tobacco users that violate the antidiscrimination provisions of the Employee Retirement Income Security Act.

  • January 14, 2026

    FAA Worker's Suspension Not Race-Based, 11th Circ. Affirms

    The Eleventh Circuit backed an early win Wednesday for the Federal Aviation Administration in a discrimination suit from an air traffic controller, ruling that "all evidence in the record" supports the conclusion that he was disciplined for failing to complete workplace training on time.

  • January 14, 2026

    Groups Seek To Halt EEOC Bid For Jewish UPenn Student Info

    A Jewish law student association and other groups urged a federal judge to let them step in and oppose the U.S. Equal Employment Opportunity Commission's efforts to craft a "registry" of Jewish students and staff at the University of Pennsylvania, saying the agency's information push evokes "a terrifying history."

  • January 14, 2026

    EEOC Tees Up Debate On Harassment Guidance Repeal

    The U.S. Equal Employment Opportunity Commission said Wednesday that it will meet next week to consider retracting workplace harassment guidance promulgated under former President Joe Biden's administration and address a resolution concerning the commission's litigation powers.

  • January 14, 2026

    EEOC Faces Headwinds In 8th Circ. Bid To Upend Jury Verdict

    The U.S. Equal Employment Opportunity Commission faced an uphill battle at the Eighth Circuit Wednesday as it sought a new trial in a suit accusing a chemical company of failing to stop a Black employee from being harassed, with one judge suggesting the agency's challenge to jury instructions is off-base.  

  • January 14, 2026

    5th Circ. Says Ex-United Worker Sued IAM Unit Too Late

    A former United Airlines customer service agent who says she was fired because of her continued need for work accommodations cannot sue her union for failing to take her wrongful discharge claim against the company to arbitration, a Fifth Circuit panel held, saying she missed her deadline to sue.

  • January 14, 2026

    EEOC Chair Defends Revamp: 'Elections Have Consequences'

    The U.S. Equal Employment Opportunity Commission voted along party lines Wednesday to rescind voting procedures that gave commissioners the right to call debates on proposed policy changes, with the agency's Trump-appointed leader promising to wield majority power aggressively.

Expert Analysis

  • Trump Should Pass On Project 2025's Disparate Impact Plan

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    The Trump administration should reject Project 2025's call to eliminate the disparate impact doctrine because, as its pro-business Republican creators intended, a focus on dismantling unnecessary barriers to qualified job candidates serves companies' best interests more successfully than the alternatives, says Susan Carle at American University.

  • Expect A Big Shake Up At The EEOC Under 2nd Trump Admin

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    During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

    Excerpt from Practical Guidance
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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Eye On Compliance: When Calif. Jobs Require Driver Licenses

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    With a California law banning unnecessarily requiring job applicants to have driver's licenses rolling out Jan. 1, employers should take to heart the law's goal of preventing discriminatory barriers while they assess and revise their employment materials for compliance, says Ani Khachatryan at Wilson Elser.