Discrimination

  • January 30, 2026

    7th Circ. Grills Trump Admin Atty Over Definition Of Illegal DEI

    Seventh Circuit judges on Friday pushed an attorney for the Trump administration to define what kind of diversity, equity and inclusion initiatives it deems illegal in requiring grant recipients to certify they don't promote DEI programs that violate anti-discrimination law, with one judge saying the unanswered question has caused "frustration" in litigation over the requirement.

  • January 30, 2026

    3 Argument Sessions Bias Attys Should Watch In February

    The Ninth Circuit will analyze the scope of a law barring mandatory arbitration in sexual harassment disputes, while the Seventh Circuit will consider a U.S. Equal Employment Opportunity Commission disability bias case against Walmart before tackling a religious discrimination suit over pharmaceutical giant Lilly's COVID-19 vaccine mandate. Here, Law360 looks at three oral arguments that discrimination attorneys should keep tabs on in February.

  • January 30, 2026

    Attys Rip Judge-Shopping Sanctions As Bid To 'Rewrite' Rules

    Two Alabama attorneys who were sanctioned for allegedly judge shopping in a civil rights case urged the Eleventh Circuit to toss the sanctions Friday, arguing the judges accusing them were seeking to "rewrite" the Federal Rules of Civil Procedure.

  • January 30, 2026

    1st Circ. Revives Ex-Hasbro Workers' Religious Vax Bias Suit

    Two former Hasbro employees who sought religious exemptions from the company's COVID-19 vaccination policy plausibly alleged they were disciplined because of their accommodation requests, the First Circuit ruled, reviving the workers' retaliation and discrimination suit.

  • January 30, 2026

    FTC Warns 42 Law Firms Of DEI 'Anticompetitive Collusion'

    The Federal Trade Commission announced Friday that it has sent warning letters to 42 major law firms for their purported participation in an outside diversity, equity and inclusion program, alleging their participation could constitute anticompetitive collusion.

  • January 30, 2026

    Calif. Forecast: 9th Circ. Hears Netflix Harassment Args

    In the coming week, attorneys should keep an eye out for Ninth Circuit oral arguments regarding whether the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act prevents Netflix from seeking to send sexual harassment claims to arbitration. Here's a look at that case and other labor and employment matters coming up in California.

  • January 30, 2026

    Building Co. Strikes Deal In EEOC Age, Disability Bias Suit

    A building supply company agreed to a $26,000 deal with the U.S. Equal Employment Opportunity Commission to end a suit alleging the business fired a 67-year-old worker out of age and disability discrimination after claiming he arrived to work with a limp, the agency said.

  • January 30, 2026

    UPS Worker's Supervisor Status Dooms Teamsters Bias Suit

    An Indiana federal judge tossed a UPS manager's suit claiming a Teamsters local allowed its members to harass him with baseless complaints that he was a racist, ruling he couldn't sue under Title VII because, as a supervisor, he wasn't represented by the union.

  • January 30, 2026

    AstraZeneca Beats FMLA Suit After Ex-Worker Went Silent

    AstraZeneca won't have to face a former employee's lawsuit alleging the pharmaceutical giant fired him for taking medical leave to address his gastrointestinal illness, a Connecticut federal judge ruled, saying he failed to respond to discovery and motions and ignored court orders.

  • January 30, 2026

    NY Forecast: 2nd. Circ. Hears Fired Police Officer's Bias Suit

    This week, the Second Circuit will consider reviving a former Eastchester, New York, police officer's suit claiming he was suspended and later fired because of his national origin.

  • January 29, 2026

    3 Things To Watch As EEOC Consolidates Litigation Authority

    The U.S. Equal Employment Opportunity Commission's leaders recently expanded their authority to approve or scuttle new lawsuits, a move that will shift enforcement priorities and reflects sentiments that had been brewing at the agency for years, experts say. Here are three things to know about the power shift at the EEOC.

  • January 29, 2026

    6th Circ. Tosses Black Flight Attendant's Race Bias Suit

    The Sixth Circuit declined Thursday to reinstate a Black Delta flight attendant's suit claiming she was disciplined out of racial bias following a verbal altercation with a colleague, ruling the airline acted fairly based on evidence that the flight attendant made an alleged threat during the incident.

  • January 29, 2026

    Ex-Arby's Employee Sues Over Gender Identity Harassment

    Arby's has been sued in Illinois federal court by a nonbinary ex-employee who claims they suffered pervasive discrimination and ridicule from their supervisor over their gender identity, and that reports of the manager's sexual harassment went unaddressed.

  • January 29, 2026

    NJ Justices Say Title IX Preempts Rutgers Union Contract

    A grievance procedure in a local union's collective negotiation agreement with Rutgers University is preempted by Title IX, the New Jersey Supreme Court said Thursday, reversing a lower court's decision that forced the university into post-termination arbitration over a custodian fired for sexual harassment.

  • January 29, 2026

    Nurse Fired In Pandemic-Era RIF Can't Reinstate Age Bias Suit

    The Sixth Circuit backed the dismissal of an age bias suit from a nurse who claimed a medical center used a COVID-19-related reduction in force as an excuse to fire her, ruling a supervisor calling one of her colleagues a "young star" wasn't linked to her termination.

  • January 29, 2026

    Full 1st Circ. To Review Cop's Suspension For Facebook Post

    The full First Circuit has agreed to review a Massachusetts police officer's suspension for making disparaging comments about George Floyd on a personal Facebook page, setting aside an opinion in the police department's favor and teeing up an appeal focused on the speech rights of government employees.

  • January 28, 2026

    1st Circ. Says Ex-Cop Proves No Bias In Retaliation Suit

    The First Circuit backed the dismissal of an ex-Boston cop's retaliation suit claiming the department shared her disciplinary records with prospective employers because of her accusations that police leaders buried her claims of rape by a fellow officer, ruling she hadn't provided any evidence of bias.

  • January 28, 2026

    NM Bill Limits Gov't's Ability To Fire For Medical Cannabis

    Lawmakers in New Mexico's legislature are looking to update the employment rules for medical cannabis patients who work for the state or "political subdivisions" to prohibit bosses from taking adverse actions for lawful off-duty use.

  • January 28, 2026

    Alito Rejects Bid To Pause 3rd Circ.'s Computer Fraud Ruling

    U.S. Supreme Court Justice Samuel Alito on Wednesday denied a debt collection agency's request to stay a Third Circuit decision that found the Computer Fraud and Abuse Act does not support claims against employees who share work passwords.

  • January 28, 2026

    6th Circ. Seems Unlikely To Ax Prof's Pregnancy Bias Win

    A Sixth Circuit panel appeared unmoved Wednesday by Michigan Technological University's effort to undo a former professor's pregnancy bias win but also skeptical of resurrecting additional bias and pay disparity claims that had been trimmed from the case prior to trial.

  • January 28, 2026

    Criminal History Law Covers Job Seeker's Suit, 3rd Circ. Says

    The Third Circuit reinstated a suit Wednesday from a job applicant who said a trucking company illegally rejected him because of a past armed robbery conviction, ruling that a Pennsylvania law that sets guardrails on the consideration of criminal histories in hiring applies to his case.

  • January 28, 2026

    Wholesale Repeal Of EEOC Guidance Leaves Compliance Void

    The U.S. Equal Employment Opportunity Commission's decision to erase, rather than modify, detailed harassment guidance increases uncertainty by creating a compliance gap that the agency's Republican leadership isn't likely to fill, experts say.

  • January 28, 2026

    Seafood Restaurants Settle EEOC Sex Harassment Suit

    A pair of seafood restaurants will pay $34,000 to resolve a U.S. Equal Employment Opportunity Commission sex harassment suit claiming the businesses allowed a male employee to continue working with a female colleague even after he had been arrested for exposing himself to her.

  • January 27, 2026

    Starbucks VP Says She Was Fired For Flagging 'Siren' System

    A former Starbucks vice president who oversaw new equipment testing claims the company terminated her for raising concerns about the debut of the "Siren" drink-making system, including that maggots spawned in the machine without proper cleaning, according to a lawsuit launched Monday in Washington state court.

  • February 12, 2026

    Law360 Seeks Members For Its 2026 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

Expert Analysis

  • NWSL's $5M Player Abuse Deal Shifts Standard For Employers

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    The National Women's Soccer League's recent $5 million settlement addressing players' abuse allegations sends a powerful message to leagues, entertainment entities and employers everywhere that employee safety, accountability and transparency are no longer optional, say attorneys at Michelman & Robinson.

  • Navigating The Use Of AI Tools In Workplace Investigations

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    Artificial intelligence tools can be used in workplace investigations to analyze evidence and conduct interviews, among other things, but employers should be aware of the legal and practical risks, including data privacy concerns and the potential for violating antidiscrimination laws, say attorneys at Fisher Phillips.

  • How Justices Rule On Straight Bias May Shift Worker Suits

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    Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.

  • Employer Tips To Navigate Cultural Flashpoints Investigations

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    As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.

  • A Path Forward For Employers, Regardless Of DEI Stance

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    Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.

  • Bias Suit Shows WNBA Growing Pains On Court And In Court

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    A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.

  • 2 Areas Of Labor Law That May Change Under Trump

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    Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Water Cooler Talk: 'Late Night' Shows DEI Is More Than Optics

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    Amid the shifting legal landscape for corporate diversity, equity and inclusion programs, Troutman's Tracey Diamond and Emily Schifter chat with their firm's DEI committee chair, Nicole Edmonds, about how the 2019 film "Late Night" reflects the challenges and rewards of fostering meaningful inclusion.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Determining What 'I Don't Feel Safe' Means In The Workplace

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    When an employee tells an employer "I don't feel safe," the phrase can have different meanings, so employment lawyers must adequately investigate to identify which meaning applies — and a cursory review and dismissal of the situation may not be a sufficient defense in case of future legal proceedings, says Karen Elliott at FordHarrison.

  • How EEOC Enforcement Priorities May Change Under Trump

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    The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.