Discrimination

  • 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.

  • March 04, 2026

    Weinstein's 3rd NY Rape Trial Bumped To April

    A New York state judge on Wednesday set an April 14 date for Harvey Weinstein's third rape trial after a last-minute defense attorney swap.

  • March 04, 2026

    Workers Challenging Trump DEI Firings Seek Class Status

    Former federal workers who claimed they were illegally fired after President Donald Trump ordered the elimination of diversity, equity and inclusion positions in the government urged a D.C. federal judge to award them class certification, arguing the firings impacted thousands of employees.

  • March 04, 2026

    More DLA Piper Employment Attorneys Join Vartabedian Katz

    Vartabedian Katz Hester & Haynes LLP has continued to expand a labor and employment practice the firm launched last month with two former DLA Piper partners, adding another partner and two senior associates from DLA Piper.

  • March 03, 2026

    Inova Defeats Nurses' COVID Vax Bias Suits At 4th Circ.

    The Fourth Circuit refused Tuesday to revive suits from nurse anesthetists who said they faced religious and disability discrimination when they were fired for refusing to get vaccinated against COVID-19, ruling that nonprofit healthcare provider Inova wasn't their employer.

  • March 03, 2026

    NC Town Must Face Firefighter's Retaliation, Free Speech Suit

    A former part-time fire chief who accused a North Carolina town of terminating him after he sought to improve firefighter pay and benefits can proceed with his retaliation lawsuit, as a North Carolina federal court said it's too early to know if his ex-employer is immune from the suit.

  • March 03, 2026

    6th Circ. Says Fired Opera Singer's UMich Suit Came Too Late

    The Sixth Circuit declined Tuesday to revive a lawsuit against the University of Michigan claiming the school unfairly sacked a star opera singer after allegations surfaced that he and his husband had sexually assaulted another singer years before.

  • March 03, 2026

    McDermott Must Trim 'Vastly Overbroad' Subpoena In Atty Suit

    A Black attorney who is suing McDermott Will & Schulte LLP for racial bias secured a court order Tuesday quashing the law firm's subpoena for some of her previous employment records, as a federal judge called the request "vastly overbroad" and directed the firm to narrow it.

  • March 03, 2026

    Commanders Settle With DC AG Over Workplace Allegations

    The Washington Commanders will pay $1 million to settle a 2022 lawsuit from the Washington, D.C., attorney general alleging that the team violated the city's consumer protection laws when it misled residents about its internal investigation into sexual assault claims under former owner Dan Snyder.

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.