Discrimination

  • January 07, 2026

    4th Circ. Won't Revive Fired United Flight Attendant's Bias Suit

    The Fourth Circuit backed the dismissal of a Black ex-flight attendant's retaliation suit claiming United Airlines fired her for complaining that her boss teed her up for termination over her race and age, saying she failed to show a link between her complaints and her firing.

  • January 06, 2026

    Ex-EEOC Officials Decry Harassment Guidance Rollback

    A group of former top officials at the Equal Employment Opportunity Commission and U.S. Department of Labor on Tuesday issued a statement criticizing the Trump administration's proposed elimination of guidance on workplace harassment, saying it's an attack on the LGBTQ community and strays from U.S. Supreme Court precedent.

  • January 06, 2026

    4th Circ. Revives Black Ex-Baltimore Cop's Race Bias Suit

    A divided Fourth Circuit on Tuesday revived a Black former Baltimore police officer's suit alleging she was treated less favorably than non-Black officers by being pushed out, saying she offered adequate examples of other officers who received more leniency than she did for alleged misconduct for her race discrimination claim to survive.

  • January 06, 2026

    EEOC Gets Judge's Support For On-Site Visits In Bias Probe

    An Illinois federal judge recommended that the U.S. Equal Employment Opportunity Commission be allowed to conduct site visits at a packaging company the agency is probing for possible hiring bias, rejecting the company's claim that the visits would be too burdensome.

  • January 06, 2026

    5 Argument Sessions Bias Attys Should Watch In January

    The U.S. Equal Employment Opportunity Commission will call on the Eighth Circuit to reopen a harassment case one day before seeking the Second Circuit's help to wind down a longstanding race discrimination suit, while the Tenth Circuit will revisit a hot-button legal battle over diversity training. Here, Law360 looks at five oral arguments discrimination attorneys should keep tabs on in January.

  • January 06, 2026

    9th Circ. Says Christian Ministry Can Reject Gay Applicants

    The Ninth Circuit ruled Tuesday that a Christian ministry is constitutionally clear to refuse employment to people based on their sexual orientation, explaining that the First Amendment allows religious ministries to prefer candidates who share their beliefs about marriage and sexuality.

  • January 06, 2026

    Cruz Can't Avoid Firm Harassment Case Subpoena, Court Told

    A former staffer of Stone Hilton PLLC has asked a Texas federal court to compel responses from the office of U.S. Sen. Ted Cruz to a subpoena for information related to the staffer's sexual harassment case against a firm partner who worked for the senator.

  • January 06, 2026

    Staffing Co. Strikes $160K Deal In EEOC Medical Leave Suit

    An Austin, Texas-based staffing nonprofit will pay $160,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired an employee after she requested unpaid medical leave to attend a mental health treatment program. 

  • January 06, 2026

    KFC Inks Deal To End EEOC Sex Harassment Probe

    KFC will pay $200,000 to end a U.S. Equal Employment Opportunity Commission investigation into claims that the company ignored sexual harassment at a Florida restaurant, the EEOC said Tuesday.

  • January 06, 2026

    6th Circ. Backs Nuclear Plant In Fired Worker's ADA Suit

    The Sixth Circuit upheld the dismissal of a suit from a former nuclear power plant worker who claimed he was fired for seeking fewer night shifts to manage his diabetes, saying he failed to discredit the company's position that he was fired for falsifying his time sheets.

  • January 05, 2026

    Kaiser Worker Fights To Keep Job Bias Suit Alive

    A San Francisco Bay Area employee urged a California federal judge to keep his amended lawsuit alleging that Kaiser Permanente denied his request to switch jobs because of his race, arguing that he has met the requirements needed to have his claims move forward.

  • January 05, 2026

    EEOC Would See Funding Drop Under New Spending Package

    Federal lawmakers unveiled a proposed spending package Monday that would cut about $20 million from the U.S. Equal Employment Opportunity Commission's budget, while also limiting the agency from conducting any further workforce changes without lawmaker approval.

  • January 05, 2026

    Fed. Circ. Mulls Value Of Experience In FDIC Pay Bias Suit

    The Federal Circuit grappled Monday with a Federal Deposit Insurance Corp. lawyer's push to revive her pay discrimination suit, with a panel of judges trying to pinpoint whether her starting salary was justified by her lack of federal sector legal experience at the time she was hired.

  • January 05, 2026

    Atlanta Shouldn't Escape Age Bias Suit, Judge Says

    A suit from an ex-building inspector against the city of Atlanta alleging his boss denied him a promotion because of his age can continue, a federal judge said, finding that a jury needed to weigh his claim that his boss told him someone younger was wanted instead.

  • January 05, 2026

    2nd Circ. Gives Fired ConEd Atty New Shot At Bias Claim

    The Second Circuit revived Monday part of a former in-house Con Edison attorney's bias suit claiming she faced prejudice from her boss as an older woman, ruling the lower court may not have properly assessed a retaliation claim under New York City law's more liberal standards.

  • January 05, 2026

    Legal Asst., Law Firm Drop Claims In NM Pregnancy Bias Suit

    A New Mexico-based personal injury law firm and a legal assistant agreed to drop retaliation and defamation claims in her lawsuit alleging she was forced to resign after disclosing her pregnancy, according to a federal magistrate judge's order filed in federal court.

  • January 05, 2026

    Ex-CTA Worker Fights New Trial Ordered Over Jury Instruction

    A former Chicago Transit Authority employee who prevailed at trial last year on claims that he was unlawfully fired for refusing the COVID-19 vaccine on religious grounds is asking an Illinois federal judge to reconsider his decision to order a new trial, after the judge found he'd erred in instructing the jury.

  • January 05, 2026

    Ex-IBM Worker Fired At 61 Despite $7.8M In Sales, Court Told

    A 61-year-old former International Business Machines Corp. sales specialist who worked under multimillion-dollar quotas said his abrupt firing was motivated not by poor performance but by the company's systemic age bias, according to a lawsuit filed in North Carolina federal court.

  • January 05, 2026

    Mich. Construction Co. Seeks To Ax Worker's Race Bias Suit

    A Michigan construction company's decision to fire a union-represented worker was motivated entirely by the fact that he punched his co-worker, the company has told a Michigan federal judge in response to a discrimination suit, saying the worker's race didn't factor into the decision.

  • January 05, 2026

    Federal Workers Fight Gender-Affirming Coverage Rollback

    A group of federal employees has filed a discrimination complaint with the U.S. Office of Personnel Management, saying the decision to end coverage for certain gender-affirming medical procedures under the workers' health insurance plans amounted to unlawful sex bias.

  • January 02, 2026

    4 EEOC Developments As It Rings In 2026

    The U.S. Equal Employment Opportunity Commission has struck deals with two employers worth a combined $135,000 that ended probes into whether pregnant workers were illegally denied accommodations, and asked the White House to sign off on its rollback of a Biden-era workplace harassment guidance. Here, Law360 recaps four notable EEOC developments from 2025's final week.

  • January 02, 2026

    OPM Sets Tight Guardrails On Remote Work In New Guide

    The Trump administration issued new guidance on remote work for federal employees instructing agencies to create policies that ensure government workers are in their offices as much as possible, according to a resource issued by the U.S. Office of Personnel Management.

  • January 02, 2026

    8th Circ. Revives Free Speech Suit Over Equity Training

    An en banc Eighth Circuit panel reinstated a suit from two Missouri school district employees who said their free speech rights were violated through an equity training, after determining the workers could have faced an injury when they refrained from openly disagreeing with the session's teachings.

  • January 02, 2026

    Will Smith Accused Of Sex Harassment On Tour By Violinist

    A violinist has sued Will Smith and his touring company in California state court, alleging sexual harassment and wrongful termination stemming from an "intrusion" into his hotel room while on tour with the award-winning actor and musical performer. 

  • January 02, 2026

    Ex-Biden Wage Chief Tapped As Va. Labor Secretary

    Virginia's incoming Democratic governor has chosen a Biden administration-era U.S. Department of Labor appointee who previously led the agency's Wage and Hour Division to serve as the Old Dominion state's next secretary of labor.

Expert Analysis

  • Handbook Hot Topics: State Laws Shape Drug-Testing Policies

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    With the growing popularity of state laws regulating drug testing, employers must consider the benefits and costs associated with maintaining such policies, particularly where they are subject to conflicting state laws, say attorneys at Kutak Rock.

  • Employer Tips As Memo Broadens Religious Accommodations

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    A recent Trump administration memorandum seeking to expand religion-related remote work accommodations for federal workers continues the trend of prioritizing religious rights in the workplace, which should alert all employers as related litigation shows no signs of slowing down, say attorneys at Seyfarth Shaw.

  • 5th Circ. Ruling Signals Strife For Employers Navigating ADA

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    While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.

  • 4th Circ. Clarifies Employer Duties For ADA Accommodations

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    The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.

  • Mitigating Employer Liability Risk Under Sex Assault Rule

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    The American Law Institute's newly approved rule expands vicarious liability to employers for certain sexual assaults that employees commit, which could materially increase employers' exposure unless they strengthen safeguards around high-risk roles, say attorneys at Morgan Lewis.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • 8th Circ. Rulings Show Employer ADA Risks In Fitness Tests

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    Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.

  • It Ends With Us Having No Coverage?

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    A recent suit filed by Harco National Insurance disclaiming coverage for Wayfarer and Justin Baldoni's defense against Blake Lively's claims in the "It Ends With Us" legal saga demonstrates that policyholders should be particularly cautious when negotiating prior knowledge exclusions in their claims-made policies, says Meagan Cyrus at Shumaker.

  • How To Navigate NYC's Stricter New Prenatal Leave Rules

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    On top of the state's prenatal leave law, New York City employers now face additional rules, including notice and recordkeeping requirements, and necessary separation from sick leave, so employers should review their policies and train staff to ensure compliance with both laws, say attorneys at BakerHostetler.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.

  • New Federal Worker Religious Protections Test All Employers

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    A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.

  • Navigating Administrative Exhaustion In EEOC Charges

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    Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.