Discrimination

  • March 09, 2026

    5th Circ. Won't Unwind Class In United Airlines Vax Bias Suit

    The Fifth Circuit said Monday that United Airlines can't roll back class certification for workers who brought religious bias claims after opposing the air carrier's COVID-19 vaccine mandate and getting placed on unpaid leave, rejecting concerns that the courts would have to probe the sincerity of each worker's convictions.

  • March 09, 2026

    5th Circ. Says Atty's Flaky Handling Justifies Axing Bias Suit

    A trial court was right to toss a suit from a former correctional facility employee who said he was passed over for promotion because he's Black and was fired when he complained, the Fifth Circuit ruled Monday, faulting his lawyer for ignoring her duty to pursue his case.

  • March 09, 2026

    2nd Circ. Seems Skeptical Of Teachers' Pride Flag Bias Suit

    The Second Circuit appeared hesitant Monday to revive three LGBTQ+ high school teachers' suit alleging they were unlawfully banned from displaying pride flags, with two judges hinting that a 20-year-old U.S. Supreme Court ruling governing public employee speech imperils their case.

  • March 09, 2026

    Trans Patients Score Block On Aetna Facial Surgery Exclusion

    Aetna must reconsider whether two transgender women can receive coverage for their gender-affirming facial reconstruction surgeries, a Connecticut federal judge ruled, finding that a policy categorically excluding coverage for the procedure was likely discriminatory.

  • March 09, 2026

    Ex-Security Worker Accuses Pittsburgh Pirates Of Age Bias

    A former security supervisor for the Pittsburgh Pirates says she was interrogated by officials from Major League Baseball over a secret recording of her discussing gambling with other employees, and she claims in a lawsuit that she was the only one to face investigation because she was an older woman.

  • March 09, 2026

    Sports Gear Co. Settles EEOC Age Bias, Retaliation Suit

    A sports gear company will pay $350,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit accusing it of favoring younger employees during an organizational restructure and fired a worker in his 50s because he complained, the commission said Monday.

  • March 09, 2026

    Wash. State Bill Would Expand AG Power To Demand Docs

    A bill making its way through the Washington Legislature would enhance the power of the state attorney general to demand document production and testimony in civil matters, including suspected violations of the U.S. and Washington constitutions, allowing prosecutors to seek documents from elected officials and law enforcement agencies.

  • March 06, 2026

    Circuits Aligning To Protect Window For Federal Bias Claims

    The Fourth Circuit recently joined the Sixth Circuit in declaring that employers cannot contractually shorten the time that workers have to bring a discrimination claim under federal law, but companies still have latitude when it comes to dictating deadlines for state law allegations.

  • March 06, 2026

    Pa. School Must Pay $494K For COVID Mask Complaint Firing

    Upper Bucks County Technical School in Pennsylvania violated its former executive director's First Amendment rights by firing him for speaking out about the school's COVID-19 mask exemption policy, a federal jury found Friday, awarding him $494,000 in his discrimination lawsuit against the school.

  • March 06, 2026

    Ex-Worker Slams Boeing's Appeal Bid In Bonus Suit

    Boeing should not be able to immediately appeal a decision sending to state court a proposed class action accusing the aerospace company of denying a $12,000 bonus to workers on long-term disability leave, a former employee told a Washington federal court.

  • March 06, 2026

    3rd Circ. Revives White Cop's Bias Suit, Citing High Court

    The Third Circuit reinstated a white New Jersey cop's suit Friday claiming he wasn't promoted to chief because his town wanted to hire a racial minority, citing a recent U.S. Supreme Court ruling that nixed an extra hurdle for workers of majority groups who claim they faced bias.

  • March 06, 2026

    Bag-Maker Can't Beat Workers' Race Bias, Retaliation Suit

    A plastic and paper bag manufacturer must face a lawsuit claiming it punished two Black workers for complaining about colleagues' racist comments, a federal judge ruled, saying a jury should evaluate whether the company's response violated Connecticut civil rights law.

  • March 06, 2026

    NY Forecast: Teachers' Pride Flag Ban Challenge At 2nd Circ.

    This week, the Second Circuit will consider whether to revive a lawsuit brought by teachers who accused their Long Island school district of unlawfully banning them from displaying LGBTQ+ pride flags in their classrooms. Here, Law360 looks at this and other cases on the docket in New York.

  • March 06, 2026

    Boston Beats Cop's Religious Bias Suit Over Vax Mandate

    A Black Jehovah's Witness can't pursue his lawsuit claiming that Boston's COVID-19 vaccination mandate violated his religious beliefs and cost him his job as a cop, a Massachusetts federal judge ruled, finding his case lacked evidence that the city treated him differently because of his beliefs.

  • March 06, 2026

    CSX Wraps Up Conductor's Suit Over FMLA Attendance Policy

    CSX Transportation Inc. has resolved a conductor's lawsuit claiming the railroad giant discourages workers from using family and medical leave and punishes those who take time off to care for their health and loved ones, according to a filing in North Carolina federal court.

  • March 06, 2026

    Calif. Forecast: Insulators Union Seeks Toss Of Labor Dispute

    In the next week, attorneys should keep an eye out for arguments over an insulators union's attempt to dismiss a suit alleging labor law violations. Here's a look at that case and other labor and employment matters coming up in California.

  • March 05, 2026

    JBS Seeks Dismissal Of Haitian Workers' Bias Claims

    Meatpacking giant JBS USA and one of its subsidiaries have asked a Colorado federal judge to dismiss the amended complaint brought by three Haitian nationals in a proposed class action accusing the company of race-based discrimination.

  • March 05, 2026

    Ill. Agency Beats Ex-Worker's Race Bias, Retaliation Lawsuit

    An Illinois state agency defeated a former employee's lawsuit claiming she was mistreated by her supervisor and fired because she's Black and Latina, with an Illinois federal judge saying Thursday that she hadn't overcome the agency's assertion that she was let go for violating workplace policies.

  • March 05, 2026

    6th Circ.'s Broad EFAA Take May Resonate With Other Courts

    The Sixth Circuit recently became the first federal appellate court to rule that a law prohibiting mandatory arbitration of sexual harassment allegations protects the entirety of a case that includes a sexual harassment claim, a decision that experts say likely sheds light on how other circuits will decide the same issue.

  • March 05, 2026

    Ex-Wells Fargo Worker's Atty Fee Bid Denied, For Now

    A federal judge rejected a request for attorney fees by a former Wells Fargo worker who won a $22 million Americans with Disabilities Act verdict, saying he will consider the motion again after the Fourth Circuit renders its decision in the bank's appeal.

  • March 05, 2026

    Boeing Doesn't Owe Fees For Hauling Bias Suit To Fed. Court

    Boeing won't have to pay attorney fees for a worker who got a discrimination case over bonuses sent back to Washington state court after the company yanked it into a federal venue, as a judge ruled Thursday that the aerospace giant's removal of the case wasn't egregious.

  • March 05, 2026

    Troutman And Former Atty Push To Limit Scope Of Bias Trial

    Troutman Pepper Hamilton Sanders LLP and a former associate suing the firm for racial discrimination and retaliation this week fought over the role that charged language and calculations of financial damages should play in an upcoming trial.

  • March 05, 2026

    Ex-Software Engineer Hits Coca-Cola Bottler With FMLA Suit

    A software engineer has sued Coca-Cola Consolidated Inc. in North Carolina federal court, alleging the company fired him one day after he applied for leave under the Family and Medical Leave Act.

  • March 05, 2026

    NYC Jewish Center Strikes Deal In EEOC Religious Bias Probe

    The U.S. Equal Employment Opportunity Commission said Thursday that a Jewish community center in Manhattan has agreed to pay $100,200 to wrap up an EEOC investigation into allegations that it wouldn't give a Christian employee time off to attend religious services.

  • March 05, 2026

    Nelson Mullins Adds Clark Hill Employment Ace In Houston

    Nelson Mullins Riley & Scarborough LLP has bulked up its domestic and cross-border employment offerings with a partner in Houston who came aboard from Clark Hill PC.

Expert Analysis

  • A Look At The Hefty Demands In Calif. Employer AI Draft Regs

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    California's draft regulations on artificial intelligence use in employment decisions show that the California Privacy Protection Agency is positioning itself as a de facto AI regulator for the state, which isn't waiting around for federal legislation, says Lily Li at Metaverse Law.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • Title VII Compliance Lessons From Raytheon Age Bias Suit

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    A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • Eye On Compliance: ADA Accommodations For Obesity

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    As the classification of "obesity" as a disability under the Americans with Disabilities Act continues to evolve, employers should note federal district and state court deviations from U.S. Equal Employment Opportunity Commission guidelines, which have deemed obesity to be a qualifying impairment, no matter the cause, says Lauren Stadler at Wilson Elser.

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Employment Verification Poses Unique Risks For Staffing Cos.

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    All employers face employee verification issues, but a survey of recent settlements with the U.S. Department of Justice's Immigrant and Employee Rights Section suggests that staffing companies' unique circumstances raise the chances they will be investigated and face substantial fines, says Eileen Scofield at Alston & Bird.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How The Tide Of EEOC Litigation Rolled Back In FY 2024

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    An analysis of the location, timing and underlying claims asserted in U.S. Equal Employment Opportunity Commission-initiated cases during fiscal year 2024 shows that the commission saw a substantial decrease in litigation activity after a surge last year, but employers should not drop their guard, say Christopher DeGroff and Andrew Scroggins at Seyfarth.