Discrimination

  • March 06, 2026

    3rd Circ. Revives White Cop's Bias Suit, Citing High Court

    The Third Circuit reinstated a white New Jersey cop's suit Friday claiming he wasn't promoted to chief because his town wanted to hire a racial minority, citing a recent U.S. Supreme Court ruling that nixed an extra hurdle for workers of majority groups who claim they faced bias.

  • March 06, 2026

    Bag-Maker Can't Beat Workers' Race Bias, Retaliation Suit

    A plastic and paper bag manufacturer must face a lawsuit claiming it punished two Black workers for complaining about colleagues' racist comments, a federal judge ruled, saying a jury should evaluate whether the company's response violated Connecticut civil rights law.

  • March 06, 2026

    NY Forecast: Teachers' Pride Flag Ban Challenge At 2nd Circ.

    This week, the Second Circuit will consider whether to revive a lawsuit brought by teachers who accused their Long Island school district of unlawfully banning them from displaying LGBTQ+ pride flags in their classrooms. Here, Law360 looks at this and other cases on the docket in New York.

  • March 06, 2026

    Boston Beats Cop's Religious Bias Suit Over Vax Mandate

    A Black Jehovah's Witness can't pursue his lawsuit claiming that Boston's COVID-19 vaccination mandate violated his religious beliefs and cost him his job as a cop, a Massachusetts federal judge ruled, finding his case lacked evidence that the city treated him differently because of his beliefs.

  • March 06, 2026

    CSX Wraps Up Conductor's Suit Over FMLA Attendance Policy

    CSX Transportation Inc. has resolved a conductor's lawsuit claiming the railroad giant discourages workers from using family and medical leave and punishes those who take time off to care for their health and loved ones, according to a filing in North Carolina federal court.

  • March 06, 2026

    Calif. Forecast: Insulators Union Seeks Toss Of Labor Dispute

    In the next week, attorneys should keep an eye out for arguments over an insulators union's attempt to dismiss a suit alleging labor law violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 05, 2026

    JBS Seeks Dismissal Of Haitian Workers' Bias Claims

    Meatpacking giant JBS USA and one of its subsidiaries have asked a Colorado federal judge to dismiss the amended complaint brought by three Haitian nationals in a proposed class action accusing the company of race-based discrimination.

  • March 05, 2026

    Ill. Agency Beats Ex-Worker's Race Bias, Retaliation Lawsuit

    An Illinois state agency defeated a former employee's lawsuit claiming she was mistreated by her supervisor and fired because she's Black and Latina, with an Illinois federal judge saying Thursday that she hadn't overcome the agency's assertion that she was let go for violating workplace policies.

  • March 05, 2026

    6th Circ.'s Broad EFAA Take May Resonate With Other Courts

    The Sixth Circuit recently became the first federal appellate court to rule that a law prohibiting mandatory arbitration of sexual harassment allegations protects the entirety of a case that includes a sexual harassment claim, a decision that experts say likely sheds light on how other circuits will decide the same issue.

  • March 05, 2026

    Ex-Wells Fargo Worker's Atty Fee Bid Denied, For Now

    A federal judge rejected a request for attorney fees by a former Wells Fargo worker who won a $22 million Americans with Disabilities Act verdict, saying he will consider the motion again after the Fourth Circuit renders its decision in the bank's appeal.

  • March 05, 2026

    Boeing Doesn't Owe Fees For Hauling Bias Suit To Fed. Court

    Boeing won't have to pay attorney fees for a worker who got a discrimination case over bonuses sent back to Washington state court after the company yanked it into a federal venue, as a judge ruled Thursday that the aerospace giant's removal of the case wasn't egregious.

  • March 05, 2026

    Troutman And Former Atty Push To Limit Scope Of Bias Trial

    Troutman Pepper Hamilton Sanders LLP and a former associate suing the firm for racial discrimination and retaliation this week fought over the role that charged language and calculations of financial damages should play in an upcoming trial.

  • March 05, 2026

    Ex-Software Engineer Hits Coca-Cola Bottler With FMLA Suit

    A software engineer has sued Coca-Cola Consolidated Inc. in North Carolina federal court, alleging the company fired him one day after he applied for leave under the Family and Medical Leave Act.

  • March 05, 2026

    NYC Jewish Center Strikes Deal In EEOC Religious Bias Probe

    The U.S. Equal Employment Opportunity Commission said Thursday that a Jewish community center in Manhattan has agreed to pay $100,200 to wrap up an EEOC investigation into allegations that it wouldn't give a Christian employee time off to attend religious services.

  • March 05, 2026

    Nelson Mullins Adds Clark Hill Employment Ace In Houston

    Nelson Mullins Riley & Scarborough LLP has bulked up its domestic and cross-border employment offerings with a partner in Houston who came aboard from Clark Hill PC.

  • March 05, 2026

    3rd Circ. Says Macy's Clear To Arbitrate Worker's Bias Suit

    The Third Circuit ruled that a white ex-Macy's store manager fired after a shoplifting incident can't pursue his race and sexual orientation discrimination case in court, homing in on a document the department store chain mailed to his home that clearly said disputes would be handled through arbitration.

  • March 05, 2026

    O'Reilly To Pay $5.6M To Settle Wash. Pregnancy Bias Suit

    O'Reilly Auto Parts will pay $5.6 million to resolve claims that it failed to provide reasonable workplace accommodations to pregnant and postpartum workers and retaliated against them, the Washington Attorney General's Office announced. 

  • March 05, 2026

    Trucking Co. Nixed Job Offer Over Service Dog, EEOC Says

    Trucking company Schneider National rescinded a job offer rather than let a truck driver with post-traumatic stress disorder have her service dog at work, in violation of federal disability law, the U.S. Equal Employment Opportunity Commission alleged in Maryland federal court.

  • March 04, 2026

    Trump DEI Stance Being Felt By Employers, Survey Finds

    A report unveiled Thursday by Littler Mendelson PC suggests the Trump administration's sweeping efforts to curtail diversity, equity and inclusion programs it deems unlawful are affecting a large swath of corporate America.

  • March 04, 2026

    Penn State Gets Vax Refuser's Religious Bias Suit Narrowed

    A federal judge permanently cleaved claims Wednesday from a lawsuit alleging Pennsylvania State University's COVID-19 vaccine testing policy for workers who skipped immunizations discriminated against a former employee's evangelical beliefs, ruling the ex-worker's qualms with the policy weren't informed by his religious convictions.

  • March 04, 2026

    4th Circ. Says Employers Can't Shorten Bias Suit Deadlines

    The Fourth Circuit ruled Wednesday that the filing windows for workers to bring claims under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act can't be shortened through an employment agreement, aligning with the Sixth Circuit's views on the question.

  • March 04, 2026

    6th Circ. Backs Tenn. Med School In FMLA Retaliation Suit

    A former medical resident cannot revive his lawsuit claiming a Tennessee medical school suspended him for taking leave under the Family and Medical Leave Act, the Sixth Circuit ruled this week, finding he failed to show the school's explanation for the discipline was a pretext for retaliation.

  • March 04, 2026

    Texas Law Firm Settles Ex-Worker's Sexual Harassment Suit

    A Houston personal injury law firm has resolved a former employee's lawsuit claiming the firm's founder repeatedly made sexual comments and unwanted advances toward her that eventually forced her to quit, according to filings in Texas federal court.

  • March 04, 2026

    7th. Circ. Upholds Healthcare Co.'s Win In FMLA Suit

    The Seventh Circuit affirmed a healthcare company's win in a former human resources specialist's Family and Medical Leave Act suit, holding that the health system lawfully terminated her for failing to return to work once her approved leave expired.

  • March 04, 2026

    Ex-EEOC Officials Tell Cos. Law 'Has Not Changed' On DEI

    A group of former top officials at the U.S. Equal Employment Opportunity Commission and U.S. Department of Labor urged America's largest employers Wednesday not to ditch diversity, equity and inclusion initiatives, saying that EEOC communications discouraging these efforts don't paint a full legal picture.

Expert Analysis

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

  • Handbook Hot Topics: An Employer-Friendly Shift At NLRB

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    As the National Labor Relations Board is expected to shift toward issuing more employer-friendly decisions, employers should still monitor NLRB trends concerning handbook policies before making substantial changes to protocol and continue to align policies with employees' rights under the National Labor Relations Act, say attorneys at Kutak Rock.

  • Mulling Differing Circuit Rulings On Gender-Affirming Care

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    Despite the Eleventh Circuit's recent holding in Lange v. Houston County that a health plan's exclusion for gender-affirming surgery did not violate Title VII, employers should be mindful of other court decisions suggesting that different legal challenges may still apply to blanket exclusions for such care, say attorneys at Smith Gambrell.

  • Unique Aspects Of Texas' Approach To AI Regulation

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    The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.

  • Recent Rulings Show When PIPs Lead To Employer Liability

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    Performance improvement plans may have earned their reputation as the last stop before termination, and while a PIP may be worth considering if its goals can be achieved within a reasonable time frame, several recent decisions underscore circumstances in which they may aggravate employer liability, says Noah Bunzl at Tarter Krinsky.

  • Legal Guardrails For AI Tools In The Hiring Process

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    Although artificial intelligence can help close the gaps that bad actors exploit in modern recruiting, its precision also makes it subject to tighter scrutiny, meaning new regulatory regimes should be top of mind for U.S.-centric employers exploring fraud-focused AI-enabled tools, say attorneys at Ogletree.

  • Employer Considerations After 11th Circ. Gender Care Ruling

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    The Eleventh Circuit's en banc decision in Lange v. Houston County, Georgia, finding that a health plan did not violate Title VII by excluding coverage for gender-affirming care, shows that plans must be increasingly cognizant of federal and state liability as states pass varying mandates, say attorneys at Miller & Chevalier.

  • Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

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    An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

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    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.