Discrimination

  • 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.

  • January 14, 2026

    Trump Renews Norton Rose Atty's Nomination For EEOC GC

    President Donald Trump has resubmitted his push for Senate approval for the head of Norton Rose Fulbright's global labor and employment practice to take over as general counsel of the U.S. Equal Employment Opportunity Commission.

  • January 13, 2026

    Feds, States' Disparate Impact Split Adds Compliance Wrinkle

    New York and New Jersey recently enshrined the concept of disparate impact discrimination into their laws, adding a growing patchwork of obligations for employers following the federal government's recent repudiation of that legal theory.

Expert Analysis

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.

  • The Key Changes In Revised FDIC Hiring Regulations

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    Attorneys at Ogletree break down the Federal Deposit Insurance Corp.'s new rule, effective Oct. 1, that will ease restrictions on financial institutions hiring employees with criminal histories, amend the FDIC's treatment of minor offenses and clarify its stance on expunged or dismissed criminal records.

  • Employer Tips For PUMP Act Compliance As Law Turns 2

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    Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.