Discrimination

  • March 10, 2026

    Postal Delay Unfair Grounds For Tossing Suit, 11th Circ. Says

    A Georgia federal judge should have cut a break to a construction worker whose race bias suit barely missed its statutory filing deadline thanks to hurricane-induced postal delays, an Eleventh Circuit panel said Tuesday.

  • March 10, 2026

    4th Circ. Backs W. Va.'s Trans Care Coverage Exclusion

    The Fourth Circuit said Tuesday that West Virginia's Medicaid coverage exclusion for gender-affirming care passes constitutional muster and does not discriminate based on sex, basing its conclusion on a U.S. Supreme Court ruling that upheld Tennessee's ban on gender-affirming care for minors.

  • March 10, 2026

    Judge Seems Open To Giving EEOC Penn's Jewish Staff Info

    A Pennsylvania federal judge on Tuesday seemed inclined to enforce the U.S. Equal Employment Opportunity Commission's subpoena for the University of Pennsylvania's Jewish employees' contact information, a request that has alarmed the school and several advocacy groups, expressing doubt that the information would be used for nefarious purposes.

  • March 10, 2026

    After Mistrial, EEOC Settles Worker's Promotion Bias Suit

    The U.S. Equal Employment Opportunity Commission struck a deal to end a longtime agency employee's lawsuit claiming she was unlawfully passed over for a promotion, a month after jurors deadlocked over whether sex motivated the decision not to bump her up in the ranks.

  • March 10, 2026

    Boston Exam Schools Case May Hinge On 1st Circ. Ruling

    A Massachusetts federal judge weighed arguments Tuesday on whether to dismiss a challenge to the admissions system for Boston's three selective "exam schools" in light of a First Circuit ruling backing a previous plan that increased racial diversity.

  • March 10, 2026

    NFLPA Leaders Align To Sink Ex-Lawyer's Retaliation Suit

    NFL Players Association officials are firing back against a former attorney's retaliation suit, hoping to dismiss her claims that union leaders intimidated her against testifying in a federal probe into its finances.

  • March 10, 2026

    EEOC, Comedy Club Ink $373K Deal To End Harassment Probe

    A comedy club in Louisville, Kentucky, will pay nearly $373,000 to close the book on a U.S. Equal Employment Opportunity Commission investigation into whether a manager sexually harassed female employees, the agency said Tuesday.

  • March 10, 2026

    Judge Nixed Over MAGA Op-Ed Seeks Reinstatement

    A retired Illinois state trial court judge pursuing First Amendment claims against the state Supreme Court after his right-wing opinion column resulted in his removal from a temporary judgeship has moved for immediate reinstatement to the Cook County Circuit Court.

  • March 10, 2026

    Ex-Program Head Says Rutgers Fired Him For Whistleblowing

    A former assistant dean and director of the Minority Student Program at Rutgers Law School is alleging in New Jersey federal court that he was fired after he complained about unlawful discrimination and financial misappropriation in the workplace.

  • March 10, 2026

    Miss. Steakhouse Ousted Worker Over Seizure, EEOC Says

    A Mississippi steakhouse unlawfully fired a worker soon after learning she had a health condition that caused seizures, the Equal Employment Opportunity Commission told a federal court.

  • March 09, 2026

    Employment Law Cases Have Rebounded Except For FLSA

    Employment law cases overall have bounced back from pandemic-era lows, especially discrimination and disability accommodation suits, though a slump has continued for Fair Labor Standards Act claims, according to a report by legal analytics provider Lex Machina.

  • March 09, 2026

    Nonprofit Accused Of Firing Director For Medical Leave

    The American Forest Foundation fired a former director for taking a leave of absence to address physical and mental health concerns brought on by a disability, the ex-director told a Colorado federal court.

  • March 09, 2026

    Google Shuts Down Claims It Fired Worker Over Cancer

    A Connecticut federal judge tossed a suit Monday from a former sales representative who said Google fired him after learning he had cancer to avoid paying out a $4 million life insurance policy, saying the ex-worker sent "mixed messages" on whether Google thought the condition was terminal.

  • March 09, 2026

    Water Damage Co. Faces Class Action Over Wages

    A pair of former employees of a water damage repair company claim in a proposed class action filed in Colorado state court that the company is violating Colorado employment laws by not allowing employees to take state-mandated breaks and by paying on-call workers a flat rate for assignments regardless of the actual hours worked.

  • March 09, 2026

    6th Circ. Upholds Dismissal Of Detroit Teacher's Bias Suit

    A former Detroit teacher has failed to persuade the Sixth Circuit to reopen her claims that school administrators treated her differently because of her Jewish faith and punished her for posting about a student assault in a teachers' Facebook group.

  • March 09, 2026

    5th Circ. Says Atty's Flaky Handling Justifies Axing Bias Suit

    A trial court was right to toss a suit from a former correctional facility employee who said he was passed over for promotion because he's Black and was fired when he complained, the Fifth Circuit ruled Monday, faulting his lawyer for ignoring her duty to pursue his case.

  • March 09, 2026

    2nd Circ. Seems Skeptical Of Teachers' Pride Flag Bias Suit

    The Second Circuit appeared hesitant Monday to revive three LGBTQ+ high school teachers' suit alleging they were unlawfully banned from displaying pride flags, with two judges hinting that a 20-year-old U.S. Supreme Court ruling governing public employee speech imperils their case.

  • March 09, 2026

    Trans Patients Score Block On Aetna Facial Surgery Exclusion

    Aetna must reconsider whether two transgender women can receive coverage for their gender-affirming facial reconstruction surgeries, a Connecticut federal judge ruled, finding that a policy categorically excluding coverage for the procedure was likely discriminatory.

  • March 09, 2026

    Ex-Security Worker Accuses Pittsburgh Pirates Of Age Bias

    A former security supervisor for the Pittsburgh Pirates says she was interrogated by officials from Major League Baseball over a secret recording of her discussing gambling with other employees, and she claims in a lawsuit that she was the only one to face investigation because she was an older woman.

  • March 09, 2026

    Sports Gear Co. Settles EEOC Age Bias, Retaliation Suit

    A sports gear company will pay $350,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit accusing it of favoring younger employees during an organizational restructure and fired a worker in his 50s because he complained, the commission said Monday.

  • March 09, 2026

    Wash. State Bill Would Expand AG Power To Demand Docs

    A bill making its way through the Washington Legislature would enhance the power of the state attorney general to demand document production and testimony in civil matters, including suspected violations of the U.S. and Washington constitutions, allowing prosecutors to seek documents from elected officials and law enforcement agencies.

  • March 06, 2026

    Circuits Aligning To Protect Window For Federal Bias Claims

    The Fourth Circuit recently joined the Sixth Circuit in declaring that employers cannot contractually shorten the time that workers have to bring a discrimination claim under federal law, but companies still have latitude when it comes to dictating deadlines for state law allegations.

  • March 06, 2026

    Pa. School Must Pay $494K For COVID Mask Complaint Firing

    Upper Bucks County Technical School in Pennsylvania violated its former executive director's First Amendment rights by firing him for speaking out about the school's COVID-19 mask exemption policy, a federal jury found Friday, awarding him $494,000 in his discrimination lawsuit against the school.

  • March 06, 2026

    Ex-Worker Slams Boeing's Appeal Bid In Bonus Suit

    Boeing should not be able to immediately appeal a decision sending to state court a proposed class action accusing the aerospace company of denying a $12,000 bonus to workers on long-term disability leave, a former employee told a Washington federal court.

  • March 06, 2026

    3rd Circ. Revives White Cop's Bias Suit, Citing High Court

    The Third Circuit reinstated a white New Jersey cop's suit Friday claiming he wasn't promoted to chief because his town wanted to hire a racial minority, citing a recent U.S. Supreme Court ruling that nixed an extra hurdle for workers of majority groups who claim they faced bias.

Expert Analysis

  • Character.AI Case Highlights Agentic AI Liability Questions

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    The recently settled litigation against Character Technologies Inc. provides an early case study for exploring salient legal issues related to agentic artificial intelligence, such as tort liability, strict liability, statutory liability and contractual liability, says Samuel Mitchells at Smith Gambrell.

  • Recent Rulings Show DEI Isn't On Courts' Chopping Block

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    Contrary to recent narratives that workplace diversity, equity and inclusion initiatives are on the verge of legal collapse, courts are applying familiar guardrails for litigating DEI-adjacent cases — requiring the right plaintiff, the right challenge and the right proof — rather than rewriting the rules on DEI, say attorneys at Krevolin Horst.

  • Miss. Race Bias Ruling Offers Cautionary Tale For Employers

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    A Mississippi federal court's recent decision to let a jury decide a fired worker's discrimination claims illustrates that having a manager of the same race is not necessarily a defense, that jokes can be discriminatory, and that the good faith honest belief rule doesn't always protect employers, says Robin Shea at Constangy Brooks.

  • What's Next After NLRB Dismissal Of SpaceX Suit

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    Though the National Labor Relations Board’s recent decision to dismiss its long-running unfair labor practice complaint against SpaceX on jurisdictional grounds temporarily resolves a circuit split over injunctions, constitutional and employee-classification questions remain, say attorneys at Proskauer.

  • A Look Inside The EEOC Probe Of Nike's DEI Practices

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    The U.S. Equal Employment Opportunity Commission's recent sweeping subpoena against Nike for alleged discrimination against white employees and applicants signals a dramatic change in enforcement posture toward diversity, equity and inclusion programs that were previously permissible, say attorneys at Husch Blackwell.

  • What 4th Circ.-Approved DEI Ban Means For Employers

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    The Fourth Circuit’s recent lifting of the injunction against two executive orders banning recipients of federal funds from conducting diversity, equity and inclusion programs means employers should conduct audits to minimize their risk of violating federal antidiscrimination laws or the False Claims Act, says Jonathan Segal at Duane Morris.

  • Emerging Themes In Post-Groff Accommodation Decisions

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    Nearly three years after the U.S. Supreme Court's seminal decision in Groff v. DeJoy reshaped the legal framework for religious accommodations, lower court decisions and agency guidance have begun to reveal how this heightened standard operates in practice, and the pitfalls for unwary employers, says Helen Jay at Phelps Dunbar.

  • Del. Dispatch: Workplace Sexual Misconduct Liability In Flux

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    Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.

  • Harvard NLRB Ruling Highlights NLRA, Title VII Conflicts

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    A recent National Labor Relations Board decision, finding that Harvard University violated the National Labor Relations Act by not giving its police officer union information about a sensitive investigation into an officer's conduct, underscores the potential conflicts between employers' obligations under the NLRA and Title VII, says Daniel Johns at Cozen O’Connor.

  • Flashpoints In Focus: Limiting Risk In Workplace Holidays

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    As holidays and other observances increasingly become lightning rods of division, employers can chart an inclusive way forward by reviewing the relevant legal framework, and examining the company's policies, values and business needs, say attorneys at Seyfarth.

  • 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.