Discrimination

  • February 20, 2026

    NY Forecast: 2nd Circ. Hears Bakery's Class Cert Challenge

    This week, the Second Circuit will consider whether a trial court properly approved opt-in notices for potential members of a federal wage and hour collective action who worked outside the state where the suit was brought.

  • February 20, 2026

    'Scare Tactics Work' But Hope Persists For Legal Industry DEI

    The suspension of Diversity Lab's Mansfield Certification program is the latest indication that political threats against BigLaw are working, as the Trump administration targets DEI programs, observers say. Still, some supporters of legal industry diversity initiatives predict law firms will continue to pursue inclusive hiring practices — even if they don't talk about it publicly.

  • February 20, 2026

    Lack Of Standing Dooms GardaWorld Health Fees Suit

    A North Carolina federal judge on Friday threw out a suit alleging that GardaWorld Cash Service violated federal employment law with surcharges on its employee health plan for those who use tobacco or refused COVID-19 vaccination after finding that the two named plaintiffs did not participate in the health plan.

  • February 20, 2026

    Former Calif. Judge Seeks To End Sex Assault Case

    A former California Superior Court judge facing five criminal counts alleging he sexually assaulted a court staffer and later lied to investigators in an attempt to cover up the encounter and another alleged assault is pushing for a full dismissal of charges.

  • February 20, 2026

    Fabiani Cohen Escapes Fired Black Atty's Discrimination Suit

    A New York federal judge tossed a Black attorney's case claiming Fabiani Cohen & Hall LLP subjected her to racist harassment and fired her after she sued, backing a magistrate judge's conclusion that the alleged mistreatment wasn't severe enough and her case lacked evidence of prejudice.

  • February 19, 2026

    Ex-Googler Says Co. Fired Her After Pregnancy Complications

    Google LLC wrongfully fired a Washington software engineer who took time away from work to care for herself after the unexpected loss of a pregnancy, according to the former employee's discrimination complaint that was removed to Seattle federal court Wednesday.

  • February 19, 2026

    Washington Justices' Input Sought On Prosecutorial Immunity

    A Seattle federal judge said he intends to send a certified question to the Washington Supreme Court as part of a lawyer's racial discrimination suit against Snohomish County judges and prosecutors, giving parties a week to weigh in on what exactly the question should be.

  • February 19, 2026

    Amazon Loses Bid To Ditch Suit Over Lie Detector Testing

    Amazon has failed to win an early exit from a proposed class action alleging that the retail giant is flouting a Massachusetts statute banning the use of lie detectors in employment decisions, as a federal judge denied its motion to toss the case Wednesday.

  • February 19, 2026

    EEOC, Urology Co. Secure OK For Pregnancy Bias Settlement

    An Oklahoma federal judge signed off on a $90,000 deal on Thursday to end a U.S. Equal Employment Opportunity Commission suit claiming a urology practice placed a pregnant employee on unpaid leave rather than allow her to sit on the job.

  • February 19, 2026

    Wells Fargo Urges 4th Circ. To Ax Ex-Director's $22M ADA Win

    Wells Fargo is doubling down on its efforts to unravel a $22 million Americans with Disabilities Act verdict in favor of a former employee, telling the Fourth Circuit the former bank director was never denied a chance to work from home and therefore cannot claim the bank failed to accommodate him, among other things.

  • February 19, 2026

    Paralegal Can Pursue Her ADA Bias Suit Against Former Firm

    A former paralegal at The Driscoll Firm PC can pursue her lawsuit alleging the firm discriminated against her after she informed higher-ups that her cancer had metastasized, because a North Carolina federal judge said she stated plausible claims for relief.

  • February 19, 2026

    Ill. Justices Face Judge's Suit Over Removal For MAGA Op-Ed

    A retired Illinois state judge who had published a MAGA-leaning opinion column, then was temporarily reinstated to the bench amid a judge shortage, has sued the justices of the state Supreme Court, alleging they deprived him of due process in ordering his removal.

  • February 19, 2026

    Stone Hilton Seeks Sanctions Over 'White Trash' Hostility Claim

    Texas firm Stone Hilton is seeking sanctions in an employment suit by a former office manager over her refusal to withdraw an "implausible" hostile work environment claim brought only to harass the defendants and increase the cost of litigation.

  • February 19, 2026

    Costco Inks Deal To End Worker's Sex Harassment Suit

    Costco Wholesale Corporation has agreed to settle a worker's suit claiming the company retaliated against her after she reported that a male colleague harassed her by repeatedly asking her out on dates and reacting angrily when she denied him.

  • February 19, 2026

    AstraZeneca Prevails In Whistleblower Suit 9th Circ. Revived

    An Oregon federal judge tossed a former AstraZeneca sales manager's whistleblower claims that she was fired for accusing a colleague of promoting off-label drugs, in a case that took a trip to the Ninth Circuit and back.

  • February 18, 2026

    7th Circ. Mulls Remanding Walmart ADA Injunction Bid Again

    A Seventh Circuit judge seemed open Wednesday to having a Wisconsin judge again consider federal employment regulators' injunctive relief request after a jury found Walmart liable for failing to accommodate an employee with Down syndrome, saying the trial record suggests Walmart's schedule-related misstep may not have been a one-time mistake.

  • February 18, 2026

    11th Circ. Backs UPS In Worker's Race Bias, Retaliation Case

    The Eleventh Circuit declined Wednesday to reinstate a UPS worker's race bias, retaliation and hostile work environment lawsuit, finding that UPS had a legitimate reason for terminating her.

  • February 18, 2026

    2nd Circ. Backs CUNY In Fired Prof's Retaliation Suit

    The Second Circuit declined Wednesday to reinstate a Black former professor's suit claiming the City University of New York sabotaged the completion of her doctoral degree to punish her for raising bias complaints, ruling no rational jury would find retaliation was at play.

  • February 18, 2026

    Medtronic Exec Alleges Retaliatory Firing For Whistleblowing

    Minnesota-based medical device company Medtronic Inc. fired an executive for raising concerns that the company artificially boosted its sales figures routinely, he told a Colorado state court.

  • February 18, 2026

    4th Circ. Backs Military Policy Banning HIV-Positive Enlistees

    The Fourth Circuit on Wednesday upheld a U.S. Department of Defense policy that bans HIV-positive Americans from enlisting, deferring to the military's judgment that it must have healthy and fit service members who do not require consistent treatment for chronic medical conditions. 

  • February 18, 2026

    Fla. Prison Officials Seek End Of Fired Chaplain's Bias Suit

    A former prison chaplain who was fired for refusing to train a female minister failed to exhaust his administrative remedies before filing a suit that amounted to a shotgun pleading, the Florida Department of Corrections has told a federal judge.

  • February 18, 2026

    EEOC Says Coca-Cola Distributor Cut Men From Work Event

    The U.S. Equal Employment Opportunity Commission announced Wednesday it has sued bottling company Coca-Cola Beverages Northeast alleging it bucked federal civil rights law by inviting only female employees to a company-sponsored retreat at a casino two years ago. 

  • February 18, 2026

    11th Circ. Says No Sanctions In Capitol Riot Defamation Case

    An American Airlines flight attendant won't face sanctions for suing a co-worker for defamation after he posted statements online about her participation in the Jan. 6, 2021, riot at the U.S. Capitol, the Eleventh Circuit affirmed.

  • February 18, 2026

    2nd Circ. Probes Atty-Witness Interaction In ConEd Bias Fight

    The Second Circuit on Wednesday dissected a former Consolidated Edison analyst's argument that an allegedly aggressive interaction between a lawyer for the energy company and a witness for the worker warrants a new trial in her disability bias and retaliation lawsuit.

  • February 18, 2026

    Former Calif. Judge Can't Escape Sex Assault Case, Feds Say

    A former California state judge cannot duck allegations that he sexually assaulted a court employee "under color of law" by claiming that he wasn't acting in his official capacity at the time of the assault, federal prosecutors said.

Expert Analysis

  • 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.

  • Employer Considerations As Ill. Ends Mandatory Fact-Finding

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    Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.

  • Minimizing AI Bias Risks Amid New Calif. Workplace Rules

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    In light of California implementing new regulations to protect job applicants and employees from discrimination linked to artificial intelligence tools, employers should take proactive steps to ensure compliance, both to minimize the risk of discrimination and to avoid liability, says Alexa Foley at Gordon Rees.

  • Navigating Employee Social Media Use Amid Political Violence

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    With concerns about employee social media use reaching a fever pitch in the wake of Charlie Kirk's assassination, employers should analyze the legal framework, update company policies and maintain a clear mission to be prepared to manage complaints around employees' polarizing posts amid rising political division and violence, say attorneys at Seyfarth.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Why Early Resolution Of Employment Liability Claims Is Key

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    A former Los Angeles fire chief's recent headline-grabbing wrongful termination suit against the city is a reminder that employment practices liability disputes can present risks to the greater business, meaning companies need a playbook for rapid, purposeful action, says Karli Moore at Intact Insurance Specialty Solutions.

  • What To Expect From The EEOC Once A Quorum Is Restored

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    As the U.S. Equal Employment Opportunity Commission is expected to soon regain its quorum with a Republican majority, employers should be prepared for a more assertive EEOC, especially as it intensifies its scrutiny of diversity, equity and inclusion programs, say attorneys at Dechert.

  • Tips As 6th Circ. Narrows Employers' Harassment Liability

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    In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.

  • How Cos. Can Straddle US-UK Split On Work Misconduct, DEI

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    With U.K. regulators ordering employers to do more to prevent nonfinancial misconduct and discrimination, and President Donald Trump ordering the rollback of similar American protections, global organizations should prioritize establishing consistent workplace conduct frameworks to help balance their compliance obligations across the diverging jurisdictions, say lawyers at WilmerHale.