Discrimination

  • January 27, 2026

    3rd Circ. Backs Duquesne University's Win In Age Bias Suit

    The Third Circuit on Tuesday upheld Duquesne University's win over a suit by a former gift officer in his 60s who claimed he was discriminated against when his boss shifted work to a younger colleague, saying he failed to point to a comparable co-worker who received more favorable treatment.

  • January 27, 2026

    Ex-GOP Aide's Work Never Changed, Bias Suit Judge Told 

    The Connecticut General Assembly's House Republican Office on Tuesday urged a state court judge to issue quick wins on a former Republican press secretary's discrimination and retaliation claims, saying neither an adverse employment action nor discipline occurred before the aide took an approved medical leave and resigned.

  • January 27, 2026

    Tyson Worker Fights To Keep Bulk Of OT Suit Alive

    Tyson Foods Inc. shouldn't dodge a proposed class action accusing the company of flouting meal and rest break requirements and not paying workers correctly, a worker told a Washington federal court Monday, arguing that she supported her claims well enough at this stage of the litigation.

  • January 27, 2026

    Ex-NJ Judge Wants To Revive Civil Rights Suit Over Arrest

    A former New Jersey state court judge urged a federal court to reconsider the dismissal of her federal civil rights claims against a municipality and its police director, arguing that the court wrongly imposed an excessive evidentiary bar and misread a record of constitutionally deficient internal affairs investigations.

  • January 27, 2026

    Ex-Wells Fargo Director Urges 4th Circ. To Keep $22M Verdict

    A former Wells Fargo director has asked the Fourth Circuit not to scrap his $22.1 million Americans with Disabilities Act verdict, arguing the bank failed to address one of his state law claims on appeal and can't rewrite how the jury weighed conflicting evidence and testimony.

  • January 27, 2026

    Clinic Workers' Vax Bias Suit Needs 2nd Look, 3rd Circ. Says

    A split Third Circuit panel reinstated a religious bias suit claiming Geisinger Medical Center illegally required workers who opposed its COVID-19 vaccine mandate to undergo nasal testing, saying the employees should have been allowed to explore whether a chemical in the nasal swabs made that accommodation unreasonable.

  • January 27, 2026

    Divisions Emerge At 2nd Circ. Over Reproductive Rights Law

    A Second Circuit panel appeared split Tuesday on whether an anti-abortion group challenging a New York state law that bars employers from penalizing workers based on their reproductive health decisions has standing to challenge the law as unconstitutional.

  • January 27, 2026

    House Democrat Accuses EEOC Of Abandoning Mission

    A key House Democrat warned that policy shifts by the U.S. Equal Employment Opportunity Commission are taking the agency in the wrong direction, calling out the rescission of harassment guidance, an about-face on disparate impact enforcement and a call for white men to lodge bias claims.

  • January 27, 2026

    Reporting Duty Doesn't Nix Whistleblower Status, Court Finds

    Massachusetts' top appellate court ruled Tuesday that a former employee of a Boston community college was entitled to whistleblower protections for reporting that the college had not told the U.S. Department of Education about an alleged sexual assault, even though he shared in the reporting responsibility.

  • January 27, 2026

    Fast Food Franchisee Wraps Up EEOC Sex Harassment Suit

    A Jack in the Box franchisee will pay $50,000 to end a U.S. Equal Employment Opportunity Commission sexual harassment suit claiming the business stood by while a male general manager masturbated in front of female workers and groped them on the job.

  • January 26, 2026

    Ex-Citi Exec Says Rampant Misogyny Was A 'Price Too Steep'

    A former high-ranking director at Citigroup says she was "debased and humiliated" by false workplace rumors that she pursued sexual relations with a superior in order to secure a promotion, alleging in a lawsuit filed in New York federal court on Monday that persistent misogynistic culture at the investment bank forced her out of a job.

  • January 26, 2026

    Flooring Co. Can't Nix EEOC's Homophobic Harassment Suit

    An Illinois federal judge refused to toss a U.S. Equal Employment Opportunity Commission suit alleging a flooring company allowed a gay employee to endure frequent harassment that included co-workers tying him to a chair, ruling the suit had enough detail to stay in court.

  • January 26, 2026

    Teamsters Seek Exit From Ex-Worker's Bias Suit

    The International Brotherhood of Teamsters urged a D.C. federal court to dismiss a former employee's suit alleging she was subjected to a hostile work environment and forced to resign due to her age and disability, arguing that a release in a separation agreement she signed "unambiguously covers" her claims.

  • January 26, 2026

    Tampa Bay Lightning Owners Face Racial Discrimination Suit

    A Black ticketing staffer for the Tampa Bay Lightning has faced retaliation and a hostile work environment because of his race, he alleged in a federal lawsuit against the hockey team's ownership group.

  • January 26, 2026

    ​​​​​​​Fast-Food Franchisee, EEOC Ink Deal In Teen Harassment Suit

    A McDonald's franchisee in Oklahoma has agreed to pay $80,000 to end a U.S. Equal Employment Opportunity Commission suit accusing it of failing to remove a manager who sexually harassed and threatened to rape a female teenage employee, according to an Oklahoma federal court filing.

  • January 26, 2026

    Ill. Jury Rejects Ex-CTA Worker's Vax Bias Claims

    An Illinois federal jury sided with the Chicago Transit Authority on Monday over a former employee's claim that he was illegally terminated for noncompliance with the agency's COVID-19 vaccine mandate after the agency flatly rejected his religion-based exemption request without meaningfully trying to accommodate it.

  • January 26, 2026

    NJ Court Says Security Co.'s Harassment Suit Needs 2nd Look

    A New Jersey state appeals panel ruled Monday that despite a valid arbitration pact, a worker who said security logistics company Brink's failed to take action when colleagues called her gendered slurs may still be entitled to her day in court.

  • January 26, 2026

    Foley & Lardner Can't Dodge Pro-Palestinian Atty's Bias Suit

    A Chicago federal judge on Monday denied Foley & Lardner LLP's bid for an early win against claims brought by a former summer associate who said discrimination led to the firm's decision to rescind a job offer after she publicly supported Palestinians amid Israel's war with Hamas.

  • January 26, 2026

    Federal Contractor Opexus Sued Over EEOC Data Breach

    D.C.-based government software contractor Opexus is facing a class action alleging that its negligence allowed two former employees — both of whom had been convicted for hacking previously — to copy more than 1,800 U.S. Equal Employment Opportunity Commission files onto USB drives and take the data.

  • January 26, 2026

    Ex-Calif. Judge Takes Aim At Sex Assault Charge

    A former California judge said a count of a federal indictment accusing him of sexual assault should be tossed since the alleged victim viewed him as a friend.

  • January 26, 2026

    School District Settles Suit Over Trans Student Name Policy

    An Indiana school district struck a deal to end a suit from a Christian former music teacher who said requiring him to call transgender students by their preferred names violated his religious beliefs, about six months after the Seventh Circuit revived the case.

  • January 26, 2026

    High Court Won't Review Social Security Judge's Removal

    The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.

  • January 23, 2026

    Employment Lawyers' DEI Cheat Sheet

    The attorneys general of Texas and Florida each issued missives denouncing a plethora of diversity, equity and inclusion-related laws and private initiatives, and the U.S. Department of Education dropped an appeal over the invalidation of DEI-related guidance. Here, Law360 looks at notable DEI-related legal developments in the first month of 2026.

  • January 23, 2026

    2nd Circ. Judges Appear At Odds On Arbitration Ban's Reach

    Two Second Circuit judges expressed oftentimes conflicting interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act during a case hearing Friday, engaging in a lengthy debate hinged on what claims the arbitration shield can keep in court.

  • January 23, 2026

    NJ Teachers Union Accused Of Racial Pay Disparity

    A Black longtime employee of the New Jersey Education Association has been paid less than her colleagues because of her race, she told a state court.

Expert Analysis

  • Tips As 6th Circ. Narrows Employers' Harassment Liability

    Author Photo

    In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

  • How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

    Author Photo

    With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.

  • DOJ's New Initiative Puts Title IX Compliance In Spotlight

    Author Photo

    Following the federal government's recent guidance regarding enhanced enforcement of discrimination on the basis of sex, organizations should evaluate whether they fall under the aegis of Title IX's scope, which is broader than many realize, and assess discrimination prevention opportunities, say attorneys at Foley & Lardner.

  • RI Menopause Law Brings New Considerations For Employers

    Author Photo

    Rhode Island becoming the first state to provide express antidiscrimination and accommodation protections for employees' menopause-related conditions may be a bellwether for similar protections in other jurisdictions, so employers should consider that while such benefits may improve recruitment and retention, complications may arise from voluntarily adding them, say attorneys at Proskauer.

  • 7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

    Author Photo

    In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.

  • DOJ Memo Shifts Interpretation Of Discrimination Laws

    Author Photo

    While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

    Author Photo

    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

    Author Photo

    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

    Author Photo

    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

    Author Photo

    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

    Author Photo

    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

    Author Photo

    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

    Author Photo

    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.