Discrimination

  • January 20, 2026

    High Court Won't Review Timeliness Of MSU Bias Suit

    The U.S. Supreme Court refused Tuesday to hear an Asian Michigan State University worker's challenge to a Sixth Circuit ruling that his race and age bias suit had been filed too late, despite his argument that the deadline for filing federal discrimination suits needs to be clarified.

  • January 16, 2026

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2025, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 16, 2026

    Amazon Fights Class Claims That Clunky HR App Broke ADA

    Amazon urged a Washington federal judge on Thursday to pull the plug for good on a lawsuit from workers who claim the company violated state and federal disability law by dragging its heels on accommodations requests filed through its A to Z human resources app, saying the workers again failed to adequately plead their case.

  • January 16, 2026

    Littler Adds Epstein Becker Employment Litigator In Calif.

    Littler Mendelson PC announced that an attorney from Epstein Becker Green is joining its Century City, California, office as a shareholder, bringing a wealth of experience in employment law. 

  • January 16, 2026

    Bikini Barista Boss Says AG Can't Bring Sex Harassment Suit

    The owner of Seattle-area "bikini barista" company Paradise Espresso urged a state judge to dismiss Washington's lawsuit accusing him of sexual harassment and withholding pay from workers, arguing the state's attorney general lacks authority to bring the case.

  • January 16, 2026

    Legal Nonprofit Settles EEOC Suit Over Atty Fired On Leave

    A Philadelphia legal services organization secured court approval Friday for a $240,000 deal to end a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully fired a staff attorney who was on leave for post-traumatic stress disorder and depression.

  • January 16, 2026

    Security Guard Gets $5.5M Jury Win In Sex Harassment Case

    A federal jury in Atlanta said that a former security guard who alleged she was sexually harassed and assaulted by her ex-employer's vice president of operations should get $5.5 million in damages, attorneys for the ex-worker announced Friday. 

  • January 16, 2026

    Judge Backs Employment Law Firm's 'Harmless Flirting' Ad

    A New York federal judge said an employment law firm would probably win its constitutional challenge to the rejection of a billboard advertising its willingness to sue companies that dismiss sexual harassment as "harmless flirting," calling a Syracuse airport authority's concerns that the ad pushed false information "nonsense."

  • January 16, 2026

    Maurene Comey Fights DOJ Bid To Toss Firing Suit

    Former Manhattan federal prosecutor Maurene Comey has urged a New York federal court to reject the U.S. Department of Justice's bid to dismiss her firing suit, arguing her claims belong before the district court and not under the jurisdiction of a non-independent board now controlled by the president.

  • January 16, 2026

    J&J Largely Loses Bid To Toss Former Atty's NJ Bias Suit

    A New Jersey federal judge largely shot down Johnson & Johnson's bid to scrap a former company data privacy attorney's racial and gender discrimination suit and rejected its bid to sanction her over the case.

  • January 16, 2026

    11th Circ. Affirms Toss Of Worker's Bias Suit Against UPS

    The Eleventh Circuit has ruled that an Alabama district court rightly tossed a Black worker's discrimination suit against UPS, rejecting her arguments that she should have been allowed to revise her case.

  • January 16, 2026

    2nd Circ. Backs School Official In Librarian's Race Bias Suit

    A Black librarian could not show that race discrimination drove a New York school superintendent to pull a job offer from her, the Second Circuit ruled, affirming a federal judge's decision.

  • January 16, 2026

    La. State Court Greenlights Challenge To Gender Care Ban

    A Louisiana state judge sided with a group of transgender teenagers who argue the state's ban on gender-affirming care for minors is unconstitutional, denying the state's bid to dismiss the case, according to an announcement Friday from the minors' attorneys.

  • January 16, 2026

    NY Forecast: 2nd Circ. Weighs Arbitration Ban In TikTok Case

    This week, the Second Circuit will consider TikTok's bid to overturn a federal judge's decision keeping a former executive's age and gender bias suit in court instead of sending it to arbitration.

  • January 15, 2026

    Univ. Of Arkansas Drops New Law Dean, Reportedly Over Brief

    The ACLU of Arkansas and others Thursday criticized the University of Arkansas for reversing its decision to hire legal scholar Emily Suski as its law school dean, reportedly due to political pressure generated by her support for transgender student athletes in an amicus brief to the U.S. Supreme Court.

  • January 15, 2026

    Air Force Asks Justices Not To Hear COVID Vax Back Pay Case

    The U.S. Air Force urged the U.S. Supreme Court to not hear a reservist's bid for back pay after he refused to follow its now-overturned COVID-19 vaccine mandate on religious grounds, arguing its sovereign immunity bars compensatory damages claims. 

  • January 15, 2026

    Verizon, Calif. Strike Diversity Deal In Frontier Takeover

    California utility regulators approved Verizon's takeover of Frontier Communications' fiber network Thursday, after the wireless giant has reached several agreements to support statewide diversity and digital equity initiatives.

  • January 15, 2026

    Inability To Work In Person Sinks Fired Employee's ADA Suit

    The Fourth Circuit backed the dismissal of a disability bias suit from a worker who claimed a private aircraft servicer fired her for seeking remote work to manage her breast cancer diagnosis, ruling her termination was fair game because she couldn't consistently perform in-person duties critical to her role.

  • January 15, 2026

    Ex-Coach Says NJ University's Gender Bias Led To Her Firing

    An award-winning Montclair State University softball coach told a New Jersey federal court that the university wrongfully fired her following an investigation into alleged misconduct that she said was tainted with gender bias and failed to let her respond.

  • January 15, 2026

    DOJ Targets Minnesota's Affirmative Action Hiring Policies

    The U.S. Department of Justice told a federal court that Minnesota's affirmative action hiring policies for government positions violate civil rights law by handing opportunities to workers based on their identity.

  • January 15, 2026

    2nd Circ. Seems Reluctant To Wrap Up EEOC Union Bias Suit

    The Second Circuit appeared skeptical Thursday of the U.S. Equal Employment Opportunity Commission's push to wind down a more than half-century-old race discrimination case against unions and apprenticeship programs, questioning whether bias still pervaded the organizations' practices.

  • January 15, 2026

    6th Circ. Says Cop's Rap Videos, Not Race Bias, Got Him Fired

    The Sixth Circuit declined to revive a suit from a Black cop who said race bias cost him his job, ruling he couldn't overcome evidence that he was actually terminated for creating and posting rap videos that depicted him brandishing guns and simulating shooting a homeless person.

  • January 14, 2026

    Full 5th Circ. Will Revisit PWFA's Constitutionality

    The Fifth Circuit late Wednesday vacated a split panel opinion allowing enforcement of the Pregnant Workers Fairness Act against the state of Texas, granting an en banc rehearing to consider whether the U.S. Constitution required House lawmakers' physical presence to have a quorum when the statute was approved.

  • January 14, 2026

    Wells Fargo Brass Gets 1st OK For 'Fake' Diversity Suit Deal

    A California federal judge has granted the first green light to a settlement reached between Wells Fargo investors and executives in a derivative suit claiming the bank's leadership failed to address the company's discriminatory lending practices and engaged in "fake" interviews with diverse candidates.

  • January 14, 2026

    Judge Questions If Workers' Attys Can Handle AI Bias Class

    A California federal judge called out the attorneys for a proposed class of workers who accused human resources software company Workday of using biased artificial intelligence to screen out job applicants, saying Wednesday that evidence indicated they'd been "asleep at the wheel."

Expert Analysis

  • Disparate Impact Theory Lives On Despite Trump Order

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    Although President Donald Trump's recent executive order directed federal agencies to stop pursuing disparate impact claims, employers may still be targeted by private litigants' claims and should therefore stay alert to the risk that their practices may produce a disparate impact on members of a protected group, say attorneys at Duane Morris.

  • Handbook Hot Topics: Relying On FLSA Regs Amid Repeals

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    Because handbook policies often rely on federal regulations, President Donald Trump's recent actions directing agency heads to repeal "facially unlawful regulations" may leave employers wondering what may change, but they should be mindful that even a repealed regulation may have accurately stated the law, say attorneys at Kutak Rock.

  • Understanding Compliance Concerns With NY Severance Bill

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    New York's No Severance Ultimatums Act, if enacted, could overhaul how employers manage employee separations, but employers should be mindful that the bill's language introduces ambiguities and raises compliance concerns, say attorneys at Norris McLaughlin.

  • The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Trump's 1st 100 Days Show That Employers Must Stay Nimble

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    Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Employer Tips For Navigating Cultural Flashpoints Litigation

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    A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.