Discrimination

  • February 13, 2026

    Health Exec Says He Was Fired For Opposing 'Enron-Style' Plot

    Jefferson Health System terminated its former vice president of facilities management over "his refusal to participate in" what he described as "an Enron-style financial engineering scheme" related to a proposed energy-as-a-service transaction that he believed posed serious regulatory risks, according to a suit filed in Pennsylvania.

  • February 13, 2026

    'Bikini Barista' Owner Can't Nix Wash. AG's Wage, Bias Suit

    The owner of four Washington "bikini barista" coffee stands can't dodge the state attorney general's action accusing him of underpaying and discriminating against female workers, a King County Superior Court judge ruled at a hearing Friday, rejecting defendant Jonathan Tagle's argument that the women themselves would have to sue.

  • February 13, 2026

    NY Forecast: 2nd Circ. Hears Ex-ConEd Worker's New Trial Bid

    This week, the Second Circuit will consider a former Con Edison worker's claim that a trial court improperly excluded evidence from trial that limited the amount of backpay that she was able to receive despite the jury finding the energy company retaliated against her.

  • February 13, 2026

    CSX Wants Quick 11th Circ. Appeal In Workers' FMLA Fight

    CSX Transportation Inc. is asking a Florida federal court to allow for an immediate appeal to the Eleventh Circuit of the denial of its bid to dismiss a former employee's medical leave claims, arguing that the ruling runs counter to what other appellate courts have said on this statute of limitations issue.

  • February 13, 2026

    Health System Inks $450K Pact To End EEOC Suit Over Leave

    Pennsylvania-based healthcare system Geisinger Health and two related entities have agreed to pay $450,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging the organization's leave policy bucked the Americans with Disabilities Act, according to settlement documents filed Friday.

  • February 13, 2026

    Bisexual Worker Can't Revive Harassment Suit At 6th Circ.

    The Sixth Circuit declined to reinstate a bisexual construction worker's harassment suit alleging that his coworkers called him homophobic slurs on the job, ruling the company can't be held liable because it responded swiftly when he took his complaints to human resources.

  • February 13, 2026

    Ex-Sysco Technician's Religious Bias, OT Suit Trimmed

    A former Sysco diesel technician and Christian preacher failed to support constructive discharge and overtime time claims in his suit alleging he was treated differently because of his religion and denied overtime, a North Carolina federal judge ruled, trimming those claims while also cutting certain claims for retaliation.

  • February 13, 2026

    NFL Found To Fumble Arbitration Over Bias, Must Go To Court

    A class of National Football League coaches will have their day in court after a New York federal judge on Friday denied the NFL its bid to force the coaches' discrimination claims into arbitration because it did not provide a fair and neutral arbitration forum.

  • February 13, 2026

    Single Use Of Slur Not Enough To Revisit Ex-Clerk's Bias Suit

    A former clerk in the Lycoming County, Pennsylvania, prosecutor's office failed to revive a suit claiming she was fired for reporting a coworker's use of a racial slur when a federal judge said Thursday she'd presented no evidence the slur was used more than once.

  • February 13, 2026

    Employment Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP snagged substantial management-side wins last year, including a decision from the Maryland Supreme Court ruling that the de minimis doctrine for federal wage and hours cases applies to state claims, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 13, 2026

    AARP Backs Disparate Impact Theory In AI Hiring Bias Suit

    The philanthropic arm of retiree advocacy group AARP wants a California federal judge to reject software provider Workday's bid to toss a suit claiming its artificial intelligence tools discriminated against job applicants, arguing that disparate impact claims are fair game under federal age bias law.

  • February 13, 2026

    Calif. Forecast: $12M Delta Wage Deal Up For Approval

    In the next two weeks, attorneys should keep an eye out for potential final approval of a $12 million deal to resolve a class action alleging Delta Air Lines failed to pay proper wages. Here's a look at that case and other labor and employment matters coming up in California.

  • February 13, 2026

    DOJ Suit Alleges Harvard Withholding Admissions Data

    The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.

  • February 13, 2026

    Mich. Hospital Strikes Deal To End EEOC Disability Bias Suit

    A Michigan hospital has agreed to pay $30,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it illegally failed to accommodate a nurse's metabolic condition by refusing to transfer her to a less demanding role.

  • February 12, 2026

    Hegseth Blocked From Reducing Sen. Kelly's Navy Rank

    Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.

  • February 12, 2026

    AT&T Senior Manager Alleges 'Abusive' Work Environment

    A senior manager for AT&T alleged in Colorado federal court that the telecommunications company subjected her to sexual harassment and racial discrimination, created an "abusive working environment" and retaliated against her for reporting the alleged conduct.

  • February 12, 2026

    Canadian Pacific Railway Beats Race, Disability Bias Suit

    An Illinois federal judge tossed a suit Thursday from a Black former worker for Canadian Pacific Railway who said he was illegally fired and had a disability accommodation request ignored, saying the railway's assertions that he slept on the job and allowed train malfunctions put his termination on solid ground.

  • February 12, 2026

    2nd Circ. Rejects EEOC's Bid To End 55-Year-Old Bias Case

    The Second Circuit on Thursday rejected the U.S. Equal Employment Opportunity Commission's bid to close the door on a more than half-century-old race discrimination case against a union and its affiliated apprenticeship program, upholding a lower court's determination that a proposed settlement in the case falls short.

  • February 12, 2026

    Employment Group Of The Year: The DeRubertis Law Firm

    The deRubertis Law Firm APC secured recent jury verdicts for workers in employment litigation, including nearly $35 million in a defamation suit and $27.5 million in a whistleblower case, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 12, 2026

    EEOC 'Tactical Adjustment' Expected After Law Firm DEI Push

    The U.S. Equal Employment Opportunity Commission's admission that its splashy probe into major law firms' diversity, equity and inclusion practices had no teeth signals a recalibration — but not a retreat — in its fight to root out what it deems as unlawful DEI, experts said.

  • February 12, 2026

    Feds Urge Balancing Return To Office With ADA Obligations

    The government should avoid requiring in-person work across the board for federal workers who have disabilities, but it doesn't necessarily have to let employees work from home either, the U.S. Equal Employment Opportunity Commission said in guidance clarifying when telework is appropriate.

  • February 11, 2026

    GM Can't Narrow Fired Manager's Race Bias Suit

    An Indiana federal judge on Wednesday refused to cut a race bias claim from a fired manager's suit against General Motors, finding he sufficiently backed up the claim under a civil rights law aimed at recipients of federal funding.

  • February 11, 2026

    Sheriff's Deputy's Firing Suit Tossed, His Atty Sanctioned

    A Georgia federal judge tossed a lawsuit Wednesday from a former Atlanta-area sheriff's deputy who claimed he was fired for supporting his boss' political opponent, while sanctioning the deputy's lawyer for citing nonexistent legal cases and misstating the law.

  • February 11, 2026

    Allegations Of Remarks By Club Exec Can't Sustain Bias Suit

    A North Carolina federal judge has tossed a former country club worker's sexual harassment suit claiming she was forced to quit after a club executive made sexual comments about her, ruling that the conduct she alleged was not severe enough to keep her case alive.

  • February 11, 2026

    Panel OKs Dismissal Of Ex-Mich. Trooper's Whistleblower Suit

    A former Michigan State Police trooper can't pursue state-court claims that he was canned for complaining about supervisors drinking alcohol on the job, an appellate court has ruled, because the state's civil service commission has exclusive jurisdiction over the matter. 

Expert Analysis

  • Mass. Ruling Raises Questions About Whistleblower Status

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    In Galvin v. Roxbury Community College, Massachusetts' top appellate court held that an individual was protected from retaliation as a whistleblower, even though he engaged in illegal activity, raising questions about whether whistleblowers who commit illegal acts are protected and whether trusted employees are doing their job or whistleblowing, say attorneys at Littler.

  • Navigating The Void Left By Axed EEOC Harassment Guidance

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    With the U.S. Equal Employment Opportunity Commission recently rescinding its 2024 enforcement guidance on harassment in the workplace, employers are left to guess how the agency may interpret an employer's obligations under Title VII and binding case law, areas that were previously clarified, say attorneys at Husch Blackwell.

  • Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display

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    The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.

  • Ambiguity Remains On Anti-DEI Grant Conditions

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    Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

  • What To Know As Courts Rethink McDonnell-Douglas

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    Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.

  • Limiting Worker Surveillance Risks Amid AI Regulatory Shifts

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    With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • Algorithmic Bias Risks Remain For Employers After AI Order

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    A recent executive order articulates a federal preference for a minimally burdensome approach to artificial intelligence regulation, but it doesn't eliminate employers' central compliance challenge or exposure when using AI tools, say Marjorie Soto Garcia and Joseph Mulherin at McDermott, and Candice Rosevear at Peregrine Economics.

  • A Look At EEOC Actions In 2025 And What's Next

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    President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.

  • How Mamdani Will Shift NYC Employment Law Enforcement

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    Under Mayor Zohran Mamdani, the New York City labor law regime is poised to become more coordinated, less forgiving and more willing to test gray areas in favor of workers, with wage and hour practices, pay equity and contractor relationships among likely areas of enforcement focus, says Scott Green at Goldberg Segalla.

  • Navigating Workplace AI When Federal, State Policies Clash

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    Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.