Discrimination

  • October 28, 2026

    Judge Axes EEOC Sanctions Bid In Bias Suit Over Opioid Use

    A West Virginia federal magistrate judge denied the U.S. Equal Employment Opportunity Commission's request for sanctions against a concrete company it accused of refusing to hire applicants who took medication to treat opioid addiction, finding the agency's claim that the company withheld information was too speculative.

  • October 28, 2026

    Meatpacking Cos. Can't Escape Haitian Workers' Bias Suit

    Two meatpacking companies must face a proposed class action alleging they lured Haitian workers to Colorado with false promises and subjected them to harsh working conditions because of their race, with a federal judge saying Wednesday that the bid to toss the case is based mostly on technicalities.

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    Christian Worker Gets New Shot At 'Laramie Project' Bias Suit

    The Tenth Circuit reinstated an administrator's suit claiming he was fired for trying to inject a "Christian perspective" into a school play about the 1998 murder of a gay man in Laramie, Wyoming, saying a jury might find his religious beliefs cost him his job.

  • October 28, 2026

    NYC Must Face Ex-Firefighter's Suit Over FMLA Leave

    New York City narrowed but can't escape a former firefighter's lawsuit alleging the fire department tried to extend his probationary period and ultimately fired him because he took leave to care for his daughter, with a federal judge ruling his claims were detailed enough to move forward.

  • October 28, 2026

    7th Circ. Mulls If Graveyard Shift Offer Can Sustain ADA Suit

    The Seventh Circuit questioned during a hearing Wednesday if Costco's decision to offer a deaf forklift driver a night shift position, instead of a preferred daytime role, constitutes the kind of adverse action that can sustain an Americans with Disabilities Act claim.

  • October 27, 2026

    UCLA Says It Helps, Not Hurts, Jewish Staff In DOJ Case

    The federal government's lawsuit accusing the University of California, Los Angeles, of systematically discriminating against its Jewish and Israeli employees ignores significant steps the university has taken to make sure those same employees thrive, UCLA said in a motion to dismiss.

  • October 27, 2026

    JPMorgan Seeks Sanctions In Ex-Banker's Bias Suit

    A former JPMorgan Chase employee's claims of racial discrimination and sexual harassment were completely false and manufactured, JPMorgan and the employee's former supervisor said in motions urging a New York federal judge to levy sanctions against Chirayu Rana for his "fraudulent litigation."

  • October 27, 2026

    Union Fights To Preserve Challenge To Texas A&M 'Woke' Ban

    A Texas federal judge should preserve claims that Texas A&M is violating the First Amendment by banning "woke" teachings on race, gender and sexual orientation, a professors' union argued, saying the university system's argument in favor of the censorship policy violates U.S. Supreme Court precedent.

  • October 27, 2026

    Michigan Civil Rights Panel OKs Changes To Exemption Bids

    The Michigan Civil Rights Commission unanimously approved a resolution Monday directing the state's Civil Rghts Department to clarify procedures for seeking exemptions from Michigan's anti-discrimination law, including situations in which religious freedoms and other constitutional protections may conflict with state civil rights requirements.

  • October 27, 2026

    IHOP Franchisee Settles Ex-Employee's Disability Bias Suit

    The former training and development director for an IHOP franchisee has wrapped up his lawsuit alleging he was fired for missing work after his manager promised to tell human resources he'd entered an alcohol treatment program, according to a filing Tuesday in Georgia federal court.

  • October 27, 2026

    Midterm Shakeup Could Make EEOC 'Weaponization' A Target

    A Democratic takeover of the House or Senate after next Tuesday's midterm elections would bring new congressional oversight of the U.S. Equal Employment Opportunity Commission's deregulatory, Trump-oriented agenda and preview Democrats' longer-term employment priorities, experts said.

  • October 27, 2026

    Ashley Furniture Must Face Fired Worker's Age Bias Claims

    A Florida federal judge on Tuesday allowed age discrimination claims to proceed against Ashley Furniture, but tossed a wrongful discharge count alleged by a former worker, finding their employment was dictated by terms of an independent contract. 

  • October 27, 2026

    Deal In NFL 'Race-Norming' Benefits Suit Gets Final OK

    A Maryland federal judge gave the final green light Tuesday on a settlement that says an NFL disability benefits plan will reassess former players' cognitive health to resolve claims that it discriminated against nonwhite players by adjusting them to a lower cognitive baseline.

  • October 27, 2026

    2nd Circ. Won't Reopen Ecuadorian Ex-Cop's Bias Lawsuit

    The Second Circuit refused Tuesday to reinstate a former Eastchester, New York, police officer's lawsuit alleging he was fired because of his family's roots in Ecuador, finding he hadn't shown that town officials knew he identified as Hispanic when they fired him.

  • October 27, 2026

    Cornell Shuts Down White Biologist's Race Bias Suit

    A New York federal judge tossed a white evolutionary biologist's bias suit claiming he lost out on a Cornell University job because the school sought a more racially diverse hire, ruling his comments about wanting to leave academia meant he wasn't a viable candidate.

  • October 27, 2026

    5th Circ. Revives Ex-Union Pacific Conductor's ADA Case

    The Fifth Circuit reinstated a suit from an ex-conductor who said Union Pacific wouldn't let him return to his job after passing a color vision test, rejecting the company's claim that he had waited too long to lodge his claims after being excluded from a similar class action.

  • October 27, 2026

    Electrician, Employer End Disability And Medical Leave Suit

    An electrician and his employer have agreed to permanently end his lawsuit in an Illinois federal court accusing the company of breaking federal disability and medical leave laws, according to court filings.

  • October 26, 2026

    Whistleblower 'Gold Rush' Might Strain DOJ, Experts Warn

    A new federal program offering cash for tips that result in criminal fraud charges is poised to set off a whistleblower "gold rush" that could uncover more fraudsters, but might also invite a high number of low-quality claims that burden businesses and strain limited U.S. Department of Justice resources, experts say.

  • October 26, 2026

    Ex-Exec's Bias Suit Says BofA Penalized Him For Family Care

    Bank of America penalized a white ex-executive in his 50s for working from an office closer to his sick mother, while allowing non-white and younger employees to utilize similar flexible work arrangements without issue, according to a bias suit filed in North Carolina federal court.

  • October 26, 2026

    LGBTQ+ Group Tells 4th Circ. EEOC's Trans Bias Shift Illegal

    A Maryland LGBTQ+ advocacy group urged the Fourth Circuit to revive its lawsuit claiming the U.S. Equal Employment Opportunity Commission unlawfully backed off investigating transgender workers' bias charges, arguing that the trial court overlooked congressional and constitutional limitations on the agency's power.

  • October 26, 2026

    Fox News Ex-Worker Says Jury Must Resolve Sick-Day Claim

    The D.C. Circuit should revive an allegation that Fox News violated a Washington, D.C., sick leave law when it fired a producer 48 hours after he called out sick, the ex-producer argued, saying a D.C. federal judge erred by axing the claim.

  • October 26, 2026

    2nd Circ. Seems Leery Of Ex-Napoli Shkolnik Atty's Bias Suit

    The Second Circuit appeared skeptical Monday about reviving a former Napoli Shkolnik PLLC attorney's discrimination lawsuit against the firm, questioning whether she waited too long to submit evidence to back up her claims.

  • October 26, 2026

    Logistics Co. To Pay $396K In EEOC Antisemitism Probe

    The U.S. Equal Employment Opportunity Commission said Monday that a third-party logistics company has agreed to pay $396,000 to resolve an investigation into claims that the business failed to shut down antisemitic harassment toward a Jewish worker.

  • October 26, 2026

    Maurene Comey Illegally Fired, Entitled To Pay, Judge Holds

    Former New York federal prosecutor Maurene Comey was unlawfully fired by President Donald Trump's administration, a federal judge in Manhattan held Monday, granting back pay and potentially legal fees to the daughter of former FBI Director James Comey.

Expert Analysis

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • What Colorado AI Law's Major Rewrite Means For Employers

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    Colorado's landmark law regulating employers' use of artificial intelligence tools was recently replaced with a narrower regime that eliminates many burdensome obligations, but still imposes a host of requirements focused on transparency and accountability, say attorneys at Proskauer.

  • Employer Tips To Prepare For Va. Family And Medical Leave

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    With Virginia's paid family and medical leave insurance program taking effect in two years, employers should develop processes for monitoring head count, coordinating with existing federal and state leave programs, and tracking intermittent leave, say attorneys at ArentFox Schiff.

  • New Connecticut Law On Employers' AI Use Is Inventive

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    A recently passed Connecticut law regulating the use of artificial intelligence in employment decisions innovates by using third-party risk assessments to vet and certify AI models, and by recognizing a division of responsibility between developers and deployers, potentially influencing pending legislation in other states, say attorneys at Littler.

  • The Leeway And Limits Of DOL's Joint Employer Proposal

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    A recent U.S. Department of Labor proposal would make joint employment harder to prove, giving employers more flexibility to add nonemployee labor without triggering shared liability, but businesses should be mindful that it likely won't affect state law tests or the standards that courts use, says Todd Lebowitz at BakerHostetler.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Flashpoints In Focus: Tips As EEOC Prioritizes Hiring Bias

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    Two recent cases brought by the U.S. Equal Employment Opportunity Commission reflect its increased interest in recruiting and hiring bias claims, but employers can safeguard their business by finding quota alternatives, properly managing hiring statistics, and reviewing their vendor management and artificial intelligence governance, say attorneys at Seyfarth.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Tips For Handling DEI Clampdown In Gov't Contracts

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    A recent executive order and subsequent guidance from the Federal Acquisition Regulatory Council reflect unified opposition to diversity, equity and inclusion in federal contracts, requiring contractors to, among other things, identify which entities are subject to flow-down obligations and prepare for near-term contract action and negotiations, say attorneys at Morgan Lewis.

  • 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

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    The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

  • Rulings Offer Lessons On Credible Workplace Investigations

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    Three recent rulings illustrate that while internal investigations are a critical tool for managing workplace risk, the process itself must be able to withstand scrutiny, so employers should take steps to ensure that they're conducted with independence, credibility and trust to better defend their case, say attorneys at Krevolin Horst.