Discrimination

  • October 07, 2026

    A State Law Cheat Sheet For Discrimination Attorneys

    California's governor signed a slate of bills regulating the use of artificial intelligence in the workplace, a Pennsylvania menopause accommodation bill cleared two key committees and parts of Connecticut's new AI law took effect. Here, Law360 looks at notable state-level legislative developments from the past few weeks.

  • October 07, 2026

    Ga. City Worker Says Harassment Complaint Got Her Demoted

    A worker found herself working as a clerk behind a curtain after alleging that a Georgia city official with a penchant for subjecting female colleagues to inappropriate comments had harassed her, she said in a federal lawsuit.

  • October 07, 2026

    NC Corrections Dept. Escapes Ex-Officer's HIV Hiring Bias Suit

    North Carolina's corrections system has beaten a lawsuit in which a previously fired state prison officer alleged that an offer to work at another state prison was withdrawn because he is HIV positive, with a federal judge finding the man failed to show discrimination cost him the job.

  • October 07, 2026

    Fired Childcare Director Fights To Keep Bias Suit Alive

    A former director at a Colorado childcare center pushed back on her ex-employer's bid to dismiss her pregnancy discrimination suit, saying the company's termination notice cited her medical appointments and approved remote work as reasons for firing her.

  • October 07, 2026

    Ex-Minn. City Worker's Age Bias Suit Falls Short At 8th Circ.

    The Eighth Circuit refused Wednesday to reinstate an age bias suit from an ex-fire department worker who said unfair criticism and a demotion left him no choice but to resign, ruling the conditions he complained about weren't bad enough to sustain his claim that he'd been forced to quit.

  • October 07, 2026

    EEOC Set To Revoke Guidance On Workers' Criminal History

    The U.S. Equal Employment Opportunity Commission is poised to roll back guidance on the use of workers' arrest and conviction records in employment decisions, now that the proposed rescission has been sent to the White House for review.

  • October 07, 2026

    Staffing Co. Must Pay EEOC Remainder Of $276K Bias Deal

    A Washington federal judge found a staffing company violated the terms of a $276,000 settlement it reached with the U.S. Equal Employment Opportunity Commission to close a bias investigation, siding with the EEOC's suit that the business failed to pay up more than half the money it owed.

  • October 06, 2026

    Racial Slur Bias Suit Revived By Calif. Justices Heads To Jury

    A Black San Francisco prosecutor's office worker was left debilitated when the city failed to take appropriate action after a co-worker called her a racial slur, her lawyer told a jury Tuesday, kicking off trial in a decade-long race bias suit that set precedent at the California Supreme Court.

  • October 06, 2026

    Calif. Urged To Probe Emotional Intelligence Tool For Job Bias

    The American Civil Liberties Union on Tuesday filed a complaint with the California Civil Rights Department, asking the agency to investigate Criteria Corp.'s product for screening job applicants by so-called "emotional intelligence," which the ACLU claims raises "serious concerns" about whether the product encourages employers to illegally discriminate.

  • October 06, 2026

    Calif. Panel OKs Wells Fargo's Win In Sex Harassment Case

    A California appeals court has upheld the dismissal of a suit accusing a Wells Fargo supervisor of sexually harassing a coworker on a business trip, saying employers are not strictly liable under the Fair Employment and Housing Act for sexual harassment by a supervisor who lacks supervisory authority over the plaintiff.

  • October 06, 2026

    4 Takeaways As EEOC Wraps Up 2026 Fiscal Year

    The cases filed by the U.S. Equal Employment Opportunity Commission during its recently concluded fiscal year reflect a focus on workplace accommodation obligations under the Americans with Disabilities Act, as well as pregnancy and religious discrimination laws. Here, experts unpack some themes and trends behind the agency's 2026 docket.

  • October 06, 2026

    Wrestler Asks Justices To Shield Her From Trans Opponents

    A high school wrestler asked the U.S. Supreme Court for emergency relief protecting her from competing against female-identifying students who are biologically male, after she said one such opponent sexually assaulted her during a match.

  • October 06, 2026

    Conn. Insurer Settles Agent's Free Speech Retaliation Claim

    A Connecticut insurance agent who alleges he was fired for raising red flags about practices he believed violated state licensing laws has agreed to settle a lawsuit he brought against his former employer, state court records show.

  • October 06, 2026

    EEOC Spotlights More Lenient Way To Evaluate Bias Suits

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Fifth Circuit on Tuesday highlighting the flexible approaches some circuits are taking to evaluate workplace discrimination cases in lieu of the stricter McDonnell Douglas test.

  • October 06, 2026

    Texas Justices Leery Of Banning AI Deposition Transcripts

    Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

  • October 06, 2026

    Car Dealer To Pay $430K To End EEOC Sex Bias Suit

    A Texas car dealership group will pay $430,000 to settle a U.S. Equal Employment Opportunity Commission suit alleging it excluded two female employees from bonus opportunities and fired a woman who complained about sexist comments, according to a federal court filing.

  • October 06, 2026

    Novolex Accused Of Firing Worker Over Medical Pot Use

    Specialty packaging manufacturer Novolex was hit with a gender discrimination and wrongful termination lawsuit by a man who claims his supervisor harassed him for his long hair, calling him a girl, and later fired him for marijuana use despite his having a medical cannabis permit.

  • October 06, 2026

    EEOC Homes In On Causation In HR Group's 10th Circ. Appeal

    Workers don't have to show discrimination was the primary reason for a firing or other adverse action to win bias suits, the U.S. Equal Opportunity Commission told the Tenth Circuit, seeking permission to weigh in on a human resources group's challenge to an $11.5 million loss.

  • October 06, 2026

    Texas Senior Care Facility Ends DOJ Military Bias Suit

    A Texas memory care facility agreed to settle a lawsuit alleging it fired an employee after trying to demote her for taking military leave, the U.S. Department of Justice said.

  • October 06, 2026

    Omni Evicted Foreign Workers After Pay Gripes, Suit Says

    Three Costa Rican former workers at a hotel in Atlanta have sued Omni Hotels in federal court, accusing the company of violating federal wage law and retaliating against workers who complained about pay by booting them from employer-sponsored housing.

  • October 06, 2026

    3rd Circ. Upends Order That Backed EEOC's Penn Subpoena

    The Third Circuit on Tuesday scrapped a district court order that largely sided with the U.S. Equal Employment Opportunity Commission's push for information in a now-settled probe into alleged antisemitism at the University of Pennsylvania, granting a motion from Penn-affiliated groups that warned of "downstream consequences" from the ruling.

  • October 06, 2026

    7th Circ. Judge Hints Precedent Dooms Worker's Vax Fight

    A Seventh Circuit judge appeared disinclined Tuesday to restart a religious discrimination suit brought by a hospital pharmacy technician who was fired for refusing to get the COVID-19 vaccine, emphasizing that the same employer's recent win in a similar appeal is "binding authority."

  • October 06, 2026

    Pharma Sales Rep. Says Taking Cancer Leave Got Him Fired

    A former sales representative has filed a disability bias suit against a pharmaceutical company in Georgia federal court, claiming he was unlawfully fired after a kidney cancer diagnosis made him take leave and delayed a product launch.

  • October 06, 2026

    Logistics Co. To Pay $500K To End EEOC Sex Bias Probe

    The U.S. Equal Employment Opportunity Commission said Tuesday that a logistics management company agreed to pay out $500,000 to resolve an investigation into claims that it refused to hire women for certain jobs solely because of their gender.

  • October 05, 2026

    9th Circ. Says PREP Act Bars Pasadena COVID Policy Suit

    The Ninth Circuit on Monday refused to revive a Pasadena employee's suit challenging the city's COVID-19 safety policy for unvaccinated city employees, ruling that the city is immune from his claims under the Public Readiness and Emergency Preparedness Act.

Expert Analysis

  • 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.

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

  • Employer Considerations As Ill. Ends Mandatory Fact-Finding

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    Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.