Discrimination

  • 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.

  • January 13, 2026

    EEOC Disability Bias Win Stands, But Damages Shrink

    A Florida federal judge declined a senior living facility's bid for a new trial in a U.S. Equal Employment Opportunity Commission disability bias suit claiming it wouldn't hire a veteran who has PTSD, but cut a $400,000 jury verdict to $50,000 in line with a damages cap.

  • January 13, 2026

    Motel 6 Operator Settles EEOC Disability Bias Charge

    A Motel 6 operator in Florida agreed to pay $50,000 to resolve a charge filed with the U.S. Equal Employment Opportunity Commission alleging a worker was forced out of her job because of disability discrimination, the agency announced Tuesday.

  • January 13, 2026

    AI, Telework Highlighted In NYC's New Disability Bias Manual

    New York City's civil rights agency released updates to its disability discrimination guidelines on Tuesday to address how artificial intelligence could disadvantage disabled workers, broaden its discussion of service animals, and clarify that remote work could be an accommodation for a disabled worker.

  • January 13, 2026

    Blue States Say HHS Conditions Funding On Anti-Trans Bias

    A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.

  • January 13, 2026

    NJ Gov. Says Ex-Elections Chief's Admission Fatal To Case

    New Jersey Gov. Phil Murphy told a state court judge that a suit by former elections chief Jeffrey Brindle should be completely dismissed because his decision to write a satirical article in his official capacity invalidates his First Amendment claim as it applies to his continued employment in the role.

  • January 13, 2026

    Firm Can't Shake Legal Assistant's Pregnancy Bias Suit

    A legal assistant's suit accusing a New Mexico-based personal injury law firm of forcing her to resign she disclosed her pregnancy will head to trial to determine whether there were multiple contracts at stake, a federal magistrate judge said.

  • January 13, 2026

    Civil Rights Groups Knock Potential EEOC Voting Changes

    The AFL-CIO, the American Civil Liberties Union and other groups warned that proposed changes to the U.S. Equal Employment Opportunity Commission's voting procedures would amount to a "power grab" by the agency's Republican chair.

  • January 12, 2026

    Sen. Kelly Sues Hegseth Over Alleged Retaliation For Remarks

    Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth Monday, urging a D.C. federal court to declare unlawful Hegseth's attempt to reduce the lawmaker's Navy rank over statements reminding service members of their obligation to disregard unlawful orders.

Expert Analysis

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

  • Employer Considerations As Ill. Ends Mandatory Fact-Finding

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    Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.

  • Minimizing AI Bias Risks Amid New Calif. Workplace Rules

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    In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.

  • Navigating Employee Social Media Use Amid Political Violence

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    With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Why Early Resolution Of Employment Liability Claims Is Key

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    A former Los Angeles fire chief's recent headline-grabbing wrongful termination suit against the city is a reminder that employment practices liability disputes can present risks to the greater business, meaning companies need a playbook for rapid, purposeful action, says Karli Moore at Intact Insurance Specialty Solutions.

  • What To Expect From The EEOC Once A Quorum Is Restored

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    As the U.S. Equal Employment Opportunity Commission is expected to soon regain its quorum with a Republican majority, employers should be prepared for a more assertive EEOC, especially as it intensifies its scrutiny of diversity, equity and inclusion programs, say attorneys at Dechert.

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

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    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

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    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

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    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

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    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.