Discrimination

  • October 20, 2026

    Sanford Heisler Launches Dedicated AI Litigation Practice

    Sanford Heisler Sharp McKnight LLP announced Tuesday that the plaintiffs firm has launched a dedicated artificial intelligence and technology litigation practice in response to the new types of challenges individuals face as a result of the increased usage and commonality of emerging technologies.

  • October 20, 2026

    Calif. Eyes Updating Pregnancy Leave, Workplace Protections

    Pregnant workers in California could gain expanded protections for taking leave and receiving workplace accommodations, including remote work, under proposed regulations announced by the state's Civil Rights Council.

  • October 20, 2026

    Adobe Gets Class Claims Tossed From Gender Bias Suit

    A California federal judge cut class claims from a former Adobe worker's suit alleging the company subjected her to sexual harassment and underpaid women on a systemic basis, finding the groups she sought to represent were too sweeping.

  • October 20, 2026

    Sher Tremonte Exiting Defense Of Combs In Abuse Civil Suits

    A Manhattan federal judge gave Sher Tremonte LLP leave to stop representing Sean "Diddy" Combs in two private sexual abuse damages cases Tuesday, bringing to at least three such matters the litigation boutique has dropped in New York citing communication breakdown and nonpayment.

  • October 19, 2026

    3 Things To Know If EEOC Ditches Criminal History Guidance

    The U.S. Equal Employment Opportunity Commission appears poised to scrap guidance governing employers' use of workers' arrest and conviction records in employment decisions, but attorneys say that won't eliminate legal risks for companies that seek information about workers' or applicants' criminal histories. Here, attorneys discuss three things to keep in mind.

  • October 19, 2026

    Port Of Seattle Challenges Trump Grant Terms Targeting DEI

    The Port of Seattle and several Washington cities and counties asked a federal judge to block the Trump administration from enforcing new grant conditions that would threaten $87 million in funding, arguing the restrictions lack clear standards of conduct.

  • October 19, 2026

    Data Co. To Pay $2M To Resolve Feds' US Worker Bias Probe

    A data company will pay $2 million and face a two-year suspension from a federal program that allows employers to hire foreign workers to settle U.S. Department of Justice probes and related litigation alleging it discriminated against U.S. workers, the federal government announced.

  • October 19, 2026

    Flock Accused Of 'Boys Club' Culture By Fired Worker

    A former account manager at Flock sued the surveillance technology company in Texas federal court Monday, claiming she faced a sexist "boys club" culture in the workplace and got fired after complaining about it.

  • October 19, 2026

    Abbott Wins Bid To Move Ex-Worker's Bias Suit To Illinois

    Abbott Laboratories has convinced a Michigan federal judge that a former employee's sex discrimination and retaliation lawsuit belongs in Illinois. 

  • October 19, 2026

    EEOC Poised To Withdraw Disparate Impact Guidance

    The U.S. Equal Employment Opportunity Commission is close to nixing decades-old guidelines that help employers ensure that their hiring practices don't inadvertently discriminate against workers, after the proposed rescission was sent to the White House for review.

  • October 19, 2026

    Supreme Court To Tackle Admissions Bias Circuit Split

    The U.S. Supreme Court said Monday that it will decide what type of evidence is needed to claim facially neutral admissions policies are racially discriminatory, after turning away two similar cases in the three years since the justices barred the use of affirmative action in higher education.

  • October 19, 2026

    BNSF Fired Worker Who Asked For Smaller Tool, EEOC Says

    BNSF Railway unlawfully fired an employee who asked to use a smaller hand tool during training to avoid exacerbating a genetic condition that causes chronic pain, the U.S. Equal Employment Opportunity Commission alleged in Illinois federal court.

  • October 19, 2026

    Coke Bottler Can't Sink EEOC Suit Over Women-Only Retreat

    A New Hampshire federal judge declined to dismiss a U.S. Equal Employment Opportunity Commission lawsuit alleging a Coca-Cola bottling company bucked federal antidiscrimination law by holding a women-only corporate event, unpersuaded by the company's argument that the excluded male workers hadn't endured sufficient injury to warrant a lawsuit.

  • October 19, 2026

    Justices Won't Take Up Fired Black Counselor's Bias Suit

    The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invitation to revisit an evidentiary framework set in a landmark 1973 ruling.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

    A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husband, saying the employer was pushing for "nearly unbounded immunity."

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Ex-Legal Tech Co. Exec Says Pregnancy Got Her Fired

    A legal technology company abruptly fired its director of partnerships after it learned she was pregnant, and has since withheld a nearly $40,000 bonus, according to a lawsuit lodged in New Jersey state court.

  • October 16, 2026

    Calif. Forecast: Medical Center Wants Wage Arb. Bid Revived

    In the week ahead, attorneys should watch for Ninth Circuit oral arguments in an arbitration dispute in a proposed wage and hour class action against a medical center. Here's a look at that case and other labor and employment matters on deck in California.

  • October 16, 2026

    NY Forecast: 2nd Circ. Weights Union Officer Discipline Suit

    This week, the Second Circuit will consider a former union official's challenge to a lower court order dismissing his lawsuit claiming the union conducted an unfair investigation into him that resulted in him having to pay back a portion of a severance agreement from his retirement.

  • October 16, 2026

    EEOC Tells 7th Circ. Not To Upend 3rd-Party Harassment Test

    The U.S. Equal Employment Opportunity Commission urged the Seventh Circuit not to raise the bar for workers seeking to sue their employer for a third party's alleged harassment, arguing a lower court relied on an erroneous out-of-circuit ruling when it tossed a former Caterpillar Inc. employee's case.

  • October 16, 2026

    Pitt Can't Appeal Due Process Loss In Professor's Suit

    The University of Pittsburgh cannot immediately appeal a ruling that it violated a tenured professor's due process rights by suspending him without pay for a year and removing him from an endowed chair, a Pennsylvania federal judge ruled.

  • October 16, 2026

    Fired Atlanta Golf Club Worker Says Age Cost Him His Job

    A country club in Atlanta has been hit with an age discrimination suit in Georgia federal court by an ex-worker who alleges he was fired and replaced by someone younger after reporting his former boss for mistreating him.

  • October 16, 2026

    EEOC Scored $518M For Workers, Cut Backlog In Fiscal 2026

    The U.S. Equal Employment Opportunity Commission recovered approximately $518 million for workplace discrimination victims in its recently concluded fiscal year, while reducing its backlog of pending charges, Commissioner Brittany Bull Panuccio said Friday. 

  • October 15, 2026

    Ex-FBI Agents Claim Trump's Vendetta Led To Firings

    Ex-FBI agents and analysts who investigated President Donald Trump's retention of classified documents sued FBI Director Kash Patel in D.C. federal court Thursday, alleging Patel unconstitutionally fired them after a video of him drinking went viral to get back in Trump's good graces and "to satisfy the president's personal vendetta."

Expert Analysis

  • 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.

  • Ambiguity Remains On Anti-DEI Grant Conditions

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    Although a recent decision in City of Chicago and City of Saint Paul v. U.S. Department of Justice temporarily halts enforcement of anti-DEI conditions in federal grant applications, and echoes recent decisions in similar cases, companies remain at risk until the term “illegal DEI” is clarified, say attorneys at Moore & Van Allen.

  • What To Know As Courts Rethink McDonnell-Douglas

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    Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.

  • Limiting Worker Surveillance Risks Amid AI Regulatory Shifts

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    With workplace surveillance tools becoming increasingly common and a recent executive order aiming to preempt state-level artificial intelligence enforcement, companies may feel encouraged to expand AI monitoring, but the legal exposure associated with these tools remains, say attorneys at MoFo.

  • What US Cos. Must Know To Comply With Italy's AI Law

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    Italy's newly effective artificial intelligence law means U.S. companies operating in Italy or serving Italian customers must now meet EU AI Act obligations as well as Italy-specific requirements, including immediately enforceable criminal penalties, designated national authorities and sector-specific mandates, say attorneys at Portolano Cavallo.

  • What To Know About DOL's New FLSA, FMLA Opinion Letters

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    The U.S. Department of Labor kicked off 2026 by releasing several opinion letters addressing employee classification, incentive bonuses and intermittent leave, reminding employers that common practices can create significant risk if they are handled inconsistently or without careful documentation, say attorneys at Woods Rogers.

  • AI-Driven Harassment Poses New Risks For Employers

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    Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.

  • Algorithmic Bias Risks Remain For Employers After AI Order

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    A recent executive order articulates a federal preference for a minimally burdensome approach to artificial intelligence regulation, but it doesn't eliminate employers' central compliance challenge or exposure when using AI tools, say Marjorie Soto Garcia and Joseph Mulherin at McDermott, and Candice Rosevear at Peregrine Economics.