Discrimination

  • December 03, 2025

    Colo. Service Provider 'No Gossip' Policy Illegal, Worker Says

    A payroll and human resources company had an illegal no-gossip agreement that violated Colorado laws that prohibit employment agreements imposing strict restrictions, an account manager says in a proposed class action in state court.

  • December 03, 2025

    7th Circ. Backs Chicago In Officers' Vaccine Bias Suit

    The Seventh Circuit on Tuesday refused to revive a suit lodged by a group of police officers claiming Chicago's COVID-19 vaccination policy violated their constitutional and statutory rights, finding their claim had "no legal merit" and that the city rationally treated them differently to stop the spread of the virus to other employees and the public.

  • December 03, 2025

    Fanatics, NFT Co. Strike Deal To Settle Ex-Exec's FMLA Suit

    Fanatics and a digital collectibles company struck a settlement with a former executive to end a suit alleging he was fired for seeking parental leave, according to a New York federal court order Wednesday.

  • December 03, 2025

    American Airlines Can't Nix Attendant's Disability Bias Claims

    American Airlines must face a former flight attendant's lawsuit claiming he was fired after developing cataracts, an Illinois federal judge ruled, finding that he adequately alleged the airline is subject to a law that bans discrimination by organizations that receive federal funds.

  • December 03, 2025

    Former Gov't Workers Challenge Trump's DEI Firing Spree

    The Trump administration unlawfully targeted perceived political enemies, women and people of color when it fired all federal employees who served in roles related to diversity, equity and inclusion, former government workers said Wednesday in a proposed class action.

  • December 02, 2025

    9th Circ. Mulls Pharma Exec's Use Of Forced Arbitration Law

    A California biopharmaceutical company told the Ninth Circuit on Tuesday that a district court erred in letting its former chief financial officer move her discrimination claims out of arbitration and into federal court, saying she arbitrated too long before invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

  • December 02, 2025

    Microsoft Touted Inclusion, Then Fired Blind Worker, Suit Says

    Microsoft Corp. held up a blind employee as an example of its commitment to inclusive hiring, then canned his accessibility project for people with vision issues and laid him off, according to a recent suit in Washington state court accusing the company of illegal discrimination.

  • December 02, 2025

    Chaplain Says Fla. Prison Officials Fired Him Over Beliefs

    A former prison chaplain who was terminated by the Florida Department of Corrections for refusing to train a female minister brought a federal suit alleging religious discrimination, saying he was fired for upholding his Christian belief that a woman should not be allowed to preach to male inmates. 

  • December 02, 2025

    Concrete Co. Rejected Workers Over Opioid Use, EEOC Says

    A concrete contractor refused to hire job applicants who took medications to treat opioid addiction and other substance use disorders, in violation of federal disability law, the U.S. Equal Employment Opportunity Commission alleged in a Tuesday lawsuit filed in West Virginia federal court.

  • December 02, 2025

    Cafe Chain Inks $650K Deal To End EEOC Harassment Case

    A cafe chain will pay $650,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming a manager created a toxic work environment by inappropriately touching and commenting on female employees' bodies, the federal bias watchdog announced Tuesday.

  • December 02, 2025

    CSX Must Face Ex-Employee's FMLA Retaliation Suit

    CSX Transportation Inc. can't escape a former employee's lawsuit alleging he was unlawfully fired for taking medical leave, with a Florida federal judge ruling that the dismissal of class claims in a similar case didn't start the clock ticking on the ex-worker's deadline to file suit.

  • December 02, 2025

    4th Circ. Rejects Rehearing In Ex-Defender's Harassment Case

    Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.

  • December 02, 2025

    DeCotiis Beats DQ Bid In NJ Turnpike Discrimination Suit

    A New Jersey state appellate panel on Tuesday rejected a bid to disqualify DeCotiis Fitzpatrick Cole & Giblin LLP from representing the New Jersey Turnpike Authority and two employees in a discrimination case filed by a medical facility and doctors who performed work for authority members.

  • December 02, 2025

    Hospital Says EEOC Neglected Presuit Conciliation Obligation

    The U.S. Equal Employment Opportunity Commission failed to satisfy its conciliation obligations before filing an age discrimination lawsuit against a Colorado hospital, the facility told a federal court, arguing that the case should be paused for the parties to try to work out a deal.

  • December 02, 2025

    X, Former Workers Lay Down Swords In Arbitration Fee Fight

    X Corp. and employees laid off after Twitter's 2022 acquisition by Elon Musk told an Illinois federal judge they have ended their battle over claims that the social media company unlawfully refused to pick up the tab for arbitration fees.

  • December 01, 2025

    Ex-Immigration Judge Accuses DOJ Of Political Retaliation

    A former Ohio immigration judge sued the U.S. Department of Justice in D.C. federal court Monday, alleging she was discriminated against and unconstitutionally fired for her liberal political beliefs while slamming the Trump administration's recent "unprecedented assault" against longstanding civil service laws that protect millions of federal employees.

  • December 01, 2025

    Union Pacific Still Can't Upend Worker's $27M Verdict

    An Oregon federal judge on Monday refused Union Pacific Co.'s bid to wipe out a $27 million verdict in a suit from an ex-worker alleging he was discriminated against for an injury, saying there was enough evidence to support both the liability finding and the $25 million in punitive damages.

  • December 01, 2025

    Ex-Colo. Dean Claims Firing Tied To Book Ban Criticism

    A former dean of a Colorado middle school has filed a lawsuit in federal court against the school district, alleging it fired her for criticizing a book ban that a court has since deemed unconstitutional and which she says suppressed voices by Black and LGBTQIA+ authors.

  • December 01, 2025

    Chancery Says Harassment Doesn't Breach Fiduciary Duty

    Delaware's Chancery Court tossed a suit from the founder of a credit repair company who claimed an ex-director breached his fiduciary duties by engaging in sexual harassment that led to $1.8 million in judgments, ruling that workplace sexual misconduct can't trigger corporate liability.

  • December 01, 2025

    Northwestern To Pay $75M To End Feds' Civil Rights Probes

    Northwestern University will pay $75 million to the Trump administration in order to restore about $790 million in federal research funding and close the government's probes into whether the school violated civil rights laws prohibiting race, national origin and sex discrimination.

  • December 01, 2025

    4 Mass. Rulings You May Have Missed In November

    A judge dismissed a flurry of proposed class actions alleging retailers flouted a Massachusetts law requiring that job applications include a notice of the state's ban on lie detectors, while a personal injury law firm couldn't escape a former associate's suit over its unilateral decision to eliminate commissions for cases he brought to the firm, among notable state court decisions in November.

  • December 01, 2025

    Engineer Says BLM Confrontation Got Him 'Blacklisted'

    A construction worker has hit his former employer with a racial discrimination lawsuit alleging the Texas-based company refused to rehire him following COVID-related layoffs after he called out a coworker for comparing the Black Lives Matter movement to the Ku Klux Klan.

  • December 01, 2025

    Dartmouth Hospital Denied Redo On $1M Disability Bias Loss

    A Vermont federal judge rejected Dartmouth-Hitchcock Medical Center's bid for a new trial after a jury awarded a doctor over $1 million based on a finding that the hospital broke state antidiscrimination law when it fired her after she took disability leave.

  • December 01, 2025

    Pa. Law Will Ban Workplace Hairstyle Bias

    A Pennsylvania bill that said employers cannot discriminate against certain hairstyles historically associated with a worker or job applicant's race, such as locs, braids and Afros, as well as religious head coverings, was signed by Gov. Josh Shapiro.

  • November 26, 2025

    Catholic School Wants To Block Mich. Civil Rights Law

    A Catholic school has asked a Michigan federal judge to rule that the state's anti-discrimination law is unconstitutional because it prevents the school from hiring teachers and instructing students in accordance with the church's views on gender and sexuality. 

Expert Analysis

  • 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.

  • Workday Case Shows Auditing AI Hiring Tools Is Crucial

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    Following a California federal court's recent decisions in Mobley v. Workday signaling that both employers and vendors could be held liable for discriminatory outcomes from artificial intelligence hiring tools, companies should consider two rigorous auditing methods to detect and mitigate bias, says Hossein Borhani at Charles River Associates.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

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    In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Personnel File Access Laws Pose New Risks For Employers

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    The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at Tannenbaum Helpern.

  • Examining The Quietest EEOC Enforcement Year In A Decade

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    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.