Discrimination

  • February 09, 2026

    11th Circ. Backs CBP's Female-Only Search Policy

    The Eleventh Circuit on Friday affirmed a jury verdict that found the U.S. Department of Homeland Security had a legitimate reason to create three women-only assignments at the Port of Tampa, because of a U.S. Customs and Border Protection policy mandating same-gender searches of passengers.

  • February 09, 2026

    EEOC, Law Students End Legal Battle Over Firm DEI Letters

    A proposed class action brought by law students last year challenging the U.S. Equal Employment Opportunity Commission's requests for diversity data from 20 law firms ended Monday with the government agreeing compliance "was not mandatory, and that most law firms did not provide any of the requested information."

  • February 09, 2026

    Employment Group Of The Year: Seyfarth

    Seyfarth Shaw LLP's employment team locked in an arbitration win for an energy company accused of wage violations, successfully defended Seattle in a pandemic-related battle and shut down a long-running California labor code suit against Columbia Sportswear, earning the firm a place among the 2025 Law360 Employment Groups of the Year.

  • February 09, 2026

    Boeing Can't Escape Bias Suit Over $12K Bonus

    Boeing must face a proposed class action accusing it of excluding workers on long-term disability leave from a $12,000 bonus, as a Washington federal judge denied the company's dismissal motion and remanded the suit to state court, where it was originally filed.

  • February 09, 2026

    Connecticut Law Firm Can't Duck Title VII Suit Due To Size

    Connecticut law firm Vargas Chapman Woods LLC cannot escape from a harassment and retaliation suit based on the argument that it is not covered by Title VII due to its small size, a Connecticut federal judge has ruled, finding that the firm cast doubt on its own contention about its number of employees.

  • February 06, 2026

    Ex-MSU Employee Claims Retaliation For Harassment Reports

    A former assistant vice president at Michigan State University has sued the university and her former boss in Michigan federal court, alleging that she was fired as payback for reporting claims of sexual harassment.

  • February 06, 2026

    Starbucks Gets Mo.'s 'Speculative' DEI Bias Suit Thrown Out

    A Missouri federal judge dismissed the state's suit claiming that Starbucks' diversity policies discriminate based on race and gender, finding that its complaint is "devoid of non-conclusory and non-speculative allegations establishing any actual, concrete and particularized injuries to Missouri citizens."

  • February 06, 2026

    Trump Admin, States Reach Agreement In School DEI Fight

    The Trump administration has agreed not to condition federal education funding for state and legal education agencies on what a coalition of nearly 20 states alleged was an incorrect interpretation of law in relation to diversity, equity and inclusion, according to a Friday filing in Massachusetts federal court.

  • February 06, 2026

    Verizon Escapes Fired Worker's Suit Over Racial Slur

    A New York federal judge tossed Friday a white former Verizon worker's suit claiming he was discriminated against after he was fired for saying a racial slur on a lunch break, ruling his remaining claims are best left for a state court to resolve.

  • February 06, 2026

    Feds' Shift Doesn't Remove Disparate Impact Risk From RIFs

    The Trump administration has disclaimed disparate impact — a theory of liability that is often at the heart of bias claims arising from reductions-in-force — but employers still face legal jeopardy if reductions-in-force have an outsized impact on protected groups, attorneys say.

  • February 06, 2026

    4th Circ. Says Trump Anti-DEI Orders Are Constitutional

    The Fourth Circuit on Friday lifted a block on President Donald Trump's executive orders that terminated federal diversity, equity and inclusion programs and aimed to encourage government contractors to do the same, saying it's not the court's role to determine if the directives are "sound policy."

  • February 06, 2026

    Ousted Conn. Public Defender Chief Loses Bias Suit

    The commission responsible for Connecticut's public defenders did not violate TaShun Bowden-Lewis' constitutional or legal rights when it removed her as chief of the office in 2024, a state Superior Court judge has ruled, finding no second hearing was necessary before the former top defense lawyer lost her job.

  • February 06, 2026

    NY Forecast: Home Aides Ask For Preliminary OK Of $6M Deal

    This week, a New York federal magistrate judge will consider granting preliminary approval to a $6 million class action settlement resolving allegations from home health aides who claimed a provider did not pay them for all hours they worked during live-in shifts.

  • February 06, 2026

    Paymentus Settles Fintech Atty's Age Bias Suit Ahead Of Trial

    Billing company Paymentus Corp. has settled a former in-house attorney's retaliation, age discrimination and wrongful discharge lawsuit less than two weeks before the case was set to go to trial, court records show.

  • February 06, 2026

    11th Circ. Says Slur Allegations Back Harassment Suit

    A split Eleventh Circuit panel on Friday reinstated a Black truck salesman's harassment suit claiming a supervisor called him "boy" and that his colleagues regularly called nonwhite customers racial slurs, ruling his hostile work environment claims were strong enough to keep his suit alive.

  • February 06, 2026

    Calif. Forecast: 9th Circ. To Hear Utility District Bias Args

    In the coming week, attorneys should watch for Ninth Circuit oral arguments in a discrimination case against a utility district. Here's a look at that case and other labor and employment matters on deck in California.

  • February 05, 2026

    Tesla Applicants Fight Uphill To Keep H-1B Visa Bias Suit Alive

    A California federal judge appeared open Thursday to tossing a proposed class action alleging Tesla discriminates against American workers by favoring allegedly underpaid H-1B visa holders, telling counsel repeatedly during a hearing the allegations seem to be "speculation."

  • February 05, 2026

    Colo. Judge Hears Closings In Gender-Affirming Care Halt Suit

    Patients of Children's Hospital Colorado who want a state court to reinstate their gender-affirming medical care told a judge Thursday that the court's enforcement of state law and the rule of law is their only remedy, while the hospital that halted their care has other options.

  • February 05, 2026

    Texas Atty Must Explain AI 'Misuse' In Employment Case

    A prominent civil rights attorney representing a University of Texas at Austin nurse in an employment discrimination case must explain why he shouldn't be sanctioned "for his apparent misuse of artificial intelligence" to research and write a brief, a Texas federal judge ruled.

  • February 05, 2026

    Law Firms Back NFL In Arbitration Clause Suit Before Justices

    Two nonprofit public interest law firms are pressing the U.S. Supreme Court to review a Second Circuit opinion finding the National Football League's arbitration process unenforceable, saying the opinion encourages judges to issue "subjective and arbitrary" decisions on arbitration clauses.

  • February 05, 2026

    EEOC Says Napa Auto Parts Delaying Race Bias Probe

    The U.S. Equal Employment Opportunity Commission is investigating whether Napa Auto Parts discriminated against Black job applicants, according to a Texas federal court filing Thursday that accused the company of failing to comply with the agency's demands for information.

  • February 05, 2026

    NJ Panel Backs Treasury Dept. Win In Discrimination Suit

    A New Jersey appellate panel has backed the New Jersey Department of Treasury's win in a disability discrimination suit by one of its employees, ruling her claims are either time barred or lack the necessary evidence to show severe enough conduct by the department.

  • February 05, 2026

    NYC Issues Proposed Rules On Upcoming Sick Time Changes

    The public has until March 2 to comment on recently proposed amendments to New York City's sick leave law, changes that will expand employees' rights to take paid time off for reasons that go beyond illnesses.

  • February 05, 2026

    Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says

    The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.

  • February 05, 2026

    Harvesting Co. To Pay $6.1M To Settle Calif. Wage Suit

    A California-based harvesting company and related entities will pay over $6.1 million for failing to tell farmworkers about their paid sick leave options and stiffing them on their full wages, the California Labor Commissioner's Office has said.

Expert Analysis

  • Top 10 Employer Resolutions For 2026

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    Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

  • Handbook Hot Topics: An Employer-Friendly Shift At NLRB

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    As the National Labor Relations Board is expected to shift toward issuing more employer-friendly decisions, employers should still monitor NLRB trends concerning handbook policies before making substantial changes to protocol and continue to align policies with employees' rights under the National Labor Relations Act, say attorneys at Kutak Rock.

  • Mulling Differing Circuit Rulings On Gender-Affirming Care

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    Despite the Eleventh Circuit's recent holding in Lange v. Houston County that a health plan's exclusion for gender-affirming surgery did not violate Title VII, employers should be mindful of other court decisions suggesting that different legal challenges may still apply to blanket exclusions for such care, say attorneys at Smith Gambrell.

  • Unique Aspects Of Texas' Approach To AI Regulation

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    The Texas Responsible AI Governance Act — which will soon be the sole comprehensive artificial intelligence law in the U.S. — pulls threads from EU and Colorado laws but introduces more targeted rules with fewer obligations on commercial entities, say attorneys at MVA Law.

  • 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

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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.