Discrimination

  • February 17, 2026

    Law Professors Sue EEOC For Firm DEI Letter Records

    Two professors at law schools in Michigan and Florida have sued the Equal Employment Opportunity Commission in D.C. federal court, seeking documents related to 20 letters the agency sent to law firms over their purported diversity, equity and inclusion practices.

  • February 17, 2026

    Security Co. Strikes Deal To End EEOC Pregnancy Bias Suit

    The U.S. Equal Employment Opportunity Commission told a D.C. federal court Tuesday that a security company has agreed to pay $45,000 to end a suit from the agency claiming it stopped giving an officer work after she requested time and a private space to pump breast milk.

  • February 17, 2026

    Dems Reintroduce Anti-Harassment Bill Citing EEOC Retreat

    Democratic lawmakers have reintroduced a bill that would establish workplace harassment as a violation of federal civil rights law and solidify protections for LGBTQ+ workers, condemning the U.S. Equal Employment Opportunity Commission's backtrack on these issues under President Donald Trump's administration.

  • February 17, 2026

    7th Circ. Won't Revive Suit Over Ill. COVID-19 Testing Mandate

    The Seventh Circuit on Friday affirmed the dismissal of a Title VII claim brought by public school employees challenging the state of Illinois' requirement during the COVID-19 pandemic that they undergo weekly testing if they refused to take the vaccine, saying they failed to "moor their objections to the testing requirement to any religious beliefs."

  • February 17, 2026

    Employment Group Of The Year: Wigdor

    Wigdor LLP secured settlements on behalf of an actress victimized by Harvey Weinstein and a fintech executive discharged after two pregnancies, and is leading the charge in high-profile employment litigation against the NFL and NCAA, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 17, 2026

    Ex-Mass. Official Says Anti-Asian Bias Led To Ouster

    A former Massachusetts secretary for elder affairs says she was targeted for removal from her position during Gov. Maura Healey's administration based on anti-Asian bias, according to a complaint filed in state court.

  • February 17, 2026

    Insurer Demands $1.5M Over Hotel's AI-Based Legal Filings

    A South Dakota hotel and its owner are pressuring defense counsel provided by an insurance carrier in an underlying racial discrimination lawsuit to submit filings relying on artificial intelligence that could potentially violate legal ethics rules, the insurer alleged in Nebraska federal court Tuesday.

  • February 17, 2026

    11th Circ. Rejects Fire Chief's COVID Vax Christian Bias Case

    The Eleventh Circuit refused to reinstate a lawsuit from a fire chief who claimed he was unlawfully fired for declining to reprimand firefighters who refused to comply with a COVID-19 vaccine mandate, chiding his attorney for implying that anti-Christian bias infected the lower court's decision to toss the case.

  • February 13, 2026

    Health Exec Says He Was Fired For Opposing 'Enron-Style' Plot

    Jefferson Health System terminated its former vice president of facilities management over "his refusal to participate in" what he described as "an Enron-style financial engineering scheme" related to a proposed energy-as-a-service transaction that he believed posed serious regulatory risks, according to a suit filed in Pennsylvania.

  • February 13, 2026

    3 Tips To Stop Office Romance From Causing Legal Heartache

    New statistics show about half of workers who've been in a workplace relationship kept it hidden from their employer, one of numerous challenges companies face in trying to mitigate legal risks that stem from office romances, experts say. As Valentine's Day passes, here are three tips to help ensure workplace relationships don't lead to litigation.

  • February 13, 2026

    'Bikini Barista' Owner Can't Nix Wash. AG's Wage, Bias Suit

    The owner of four Washington kiosks known as bikini barista coffee stands can't dodge the state attorney general's action accusing him of underpaying and discriminating against female workers, a King County Superior Court judge ruled Friday, rejecting the defendant's argument that the women themselves would have to sue.

  • February 13, 2026

    NY Forecast: 2nd Circ. Hears Ex-ConEd Worker's New Trial Bid

    This week, the Second Circuit will consider a former Con Edison worker's claim that a trial court improperly excluded evidence from trial that limited the amount of backpay that she was able to receive despite the jury finding the energy company retaliated against her.

  • February 13, 2026

    CSX Wants Quick 11th Circ. Appeal In Workers' FMLA Fight

    CSX Transportation Inc. is asking a Florida federal court to allow for an immediate appeal to the Eleventh Circuit of the denial of its bid to dismiss a former employee's medical leave claims, arguing that the ruling runs counter to what other appellate courts have said on this statute of limitations issue.

  • February 13, 2026

    Sex Bias In The Spotlight As EEOC Amps Up Amicus Program

    The U.S. Equal Employment Opportunity Commission's restored quorum has allowed it to reboot its dormant amicus program, and the commission submitted all three of its new briefs in cases where women alleged they were treated worse than their male co-workers. Here's a look at where the agency is directing its amicus efforts so far after a yearlong hiatus. 

  • February 13, 2026

    Health System Inks $450K Pact To End EEOC Suit Over Leave

    Pennsylvania-based healthcare system Geisinger Health and two related entities have agreed to pay $450,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging the organization's leave policy bucked the Americans with Disabilities Act, according to settlement documents filed Friday.

  • February 13, 2026

    Bisexual Worker Can't Revive Harassment Suit At 6th Circ.

    The Sixth Circuit declined to reinstate a bisexual construction worker's harassment suit alleging that his coworkers called him homophobic slurs on the job, ruling the company can't be held liable because it responded swiftly when he took his complaints to human resources.

  • February 13, 2026

    Ex-Sysco Technician's Religious Bias, OT Suit Trimmed

    A former Sysco diesel technician and Christian preacher failed to support constructive discharge and overtime time claims in his suit alleging he was treated differently because of his religion and denied overtime, a North Carolina federal judge ruled, trimming those claims while also cutting certain claims for retaliation.

  • February 13, 2026

    NFL Found To Fumble Arbitration Over Bias, Must Go To Court

    A class of National Football League coaches will have their day in court after a New York federal judge on Friday denied the NFL its bid to force the coaches' discrimination claims into arbitration because it did not provide a fair and neutral arbitration forum.

  • February 13, 2026

    Single Use Of Slur Not Enough To Revisit Ex-Clerk's Bias Suit

    A former clerk in the Lycoming County, Pennsylvania, prosecutor's office failed to revive a suit claiming she was fired for reporting a coworker's use of a racial slur when a federal judge said Thursday she'd presented no evidence the slur was used more than once.

  • February 13, 2026

    Employment Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP snagged substantial management-side wins last year, including a decision from the Maryland Supreme Court ruling that the de minimis doctrine for federal wage and hours cases applies to state claims, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 13, 2026

    AARP Backs Disparate Impact Theory In AI Hiring Bias Suit

    The philanthropic arm of retiree advocacy group AARP wants a California federal judge to reject software provider Workday's bid to toss a suit claiming its artificial intelligence tools discriminated against job applicants, arguing that disparate impact claims are fair game under federal age bias law.

  • February 13, 2026

    Calif. Forecast: $12M Delta Wage Deal Up For Approval

    In the next two weeks, attorneys should keep an eye out for potential final approval of a $12 million deal to resolve a class action alleging Delta Air Lines failed to pay proper wages. Here's a look at that case and other labor and employment matters coming up in California.

  • February 13, 2026

    DOJ Suit Alleges Harvard Withholding Admissions Data

    The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.

  • February 13, 2026

    Mich. Hospital Strikes Deal To End EEOC Disability Bias Suit

    A Michigan hospital has agreed to pay $30,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it illegally failed to accommodate a nurse's metabolic condition by refusing to transfer her to a less demanding role.

  • February 12, 2026

    6th Circ. Backs GM's Win In Fired Manager's Age Bias Suit

    The Sixth Circuit upheld the dismissal Thursday of a former General Motors manager's suit claiming he was fired out of age discrimination, ruling the ex-employee failed to show prejudice drove the decision because his replacement wasn't significantly younger than he was.

Expert Analysis

  • Recent Rulings Show When PIPs Lead To Employer Liability

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    Performance improvement plans may have earned their reputation as the last stop before termination, and while a PIP may be worth considering if its goals can be achieved within a reasonable time frame, several recent decisions underscore circumstances in which they may aggravate employer liability, says Noah Bunzl at Tarter Krinsky.

  • 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.