Discrimination

  • March 10, 2026

    6th Circ. Says Waiver Sinks Laid Off Dow Worker's Bias Suit

    The Sixth Circuit has waved away an argument that a woman who was laid off by a Dow Chemical unit could still bring race and gender discrimination claims against the company because she didn't know what the release she signed in order to get her severance meant.

  • March 10, 2026

    Recycling Co. Can't Rope Staffing Firms Into EEOC Bias Suit

    An Alabama federal judge on Tuesday shut down a recycling plant's bid to drag three staffing companies into a sex bias case from the U.S. Equal Employment Opportunity Commission claiming the company refused to hire women, ruling that doing so would allow the business to improperly escape liability.

  • March 10, 2026

    Biopharma Co. Can't Beat Former Exec's Age, Race Bias Suit

    A Merck subsidiary can't dodge a former executive's suit claiming she was unlawfully laid off because she's an Asian woman in her 40s, a New York federal judge ruled Tuesday, saying it's too early for the company to challenge her data suggesting the reduction-in-force was rooted in bias.

  • March 10, 2026

    Postal Delay Unfair Grounds For Tossing Suit, 11th Circ. Says

    A Georgia federal judge should have cut a break to a construction worker whose race bias suit barely missed its statutory filing deadline thanks to hurricane-induced postal delays, an Eleventh Circuit panel said Tuesday.

  • March 10, 2026

    4th Circ. Backs W.Va.'s Trans Care Coverage Exclusion

    The Fourth Circuit said Tuesday that West Virginia's Medicaid coverage exclusion for gender-affirming care passes constitutional muster and does not discriminate based on sex, basing its conclusion on a U.S. Supreme Court ruling that upheld Tennessee's ban on gender-affirming care for minors.

  • March 10, 2026

    Judge Seems Open To Giving EEOC Penn's Jewish Staff Info

    A Pennsylvania federal judge seemed inclined Tuesday to enforce the U.S. Equal Employment Opportunity Commission's subpoena for the University of Pennsylvania's Jewish employees' contact information, a request that has alarmed the school and several advocacy groups, expressing doubt that the information would be used for nefarious purposes.

  • March 10, 2026

    After Mistrial, EEOC Settles Worker's Promotion Bias Suit

    The U.S. Equal Employment Opportunity Commission struck a deal to end a longtime agency employee's lawsuit claiming she was unlawfully passed over for a promotion, a month after jurors deadlocked over whether sex motivated the decision not to bump her up in the ranks.

  • March 10, 2026

    Boston Exam Schools Case May Hinge On 1st Circ. Ruling

    A Massachusetts federal judge weighed arguments Tuesday on whether to dismiss a challenge to the admissions system for Boston's three selective "exam schools" in light of a First Circuit ruling backing a previous plan that increased racial diversity.

  • March 10, 2026

    NFLPA Leaders Align To Sink Ex-Lawyer's Retaliation Suit

    NFL Players Association officials are firing back against a former attorney's retaliation suit, hoping to dismiss her claims that union leaders intimidated her against testifying in a federal probe into its finances.

  • March 10, 2026

    EEOC, Comedy Club Ink $373K Deal To End Harassment Probe

    A comedy club in Louisville, Kentucky, will pay nearly $373,000 to close the book on a U.S. Equal Employment Opportunity Commission investigation into whether a manager sexually harassed female employees, the agency said Tuesday.

  • March 10, 2026

    Judge Nixed Over MAGA Op-Ed Seeks Reinstatement

    A retired Illinois state trial court judge pursuing First Amendment claims against the state Supreme Court after his right-wing opinion column resulted in his removal from a temporary judgeship has moved for immediate reinstatement to the Cook County Circuit Court.

  • March 10, 2026

    Ex-Program Head Says Rutgers Fired Him For Whistleblowing

    A former assistant dean and director of the Minority Student Program at Rutgers Law School is alleging in New Jersey federal court that he was fired after he complained about unlawful discrimination and financial misappropriation in the workplace.

  • March 10, 2026

    DLA Piper Can't Rep Itself At Bias Trial, Fired Atty Says

    DLA Piper should not be permitted to represent itself at trial in a pregnancy discrimination case brought by a senior associate who was fired in 2022, lawyers for the plaintiff told a Manhattan federal judge.

  • March 10, 2026

    Miss. Steakhouse Ousted Worker Over Seizure, EEOC Says

    A Mississippi steakhouse unlawfully fired a worker soon after learning she had a health condition that caused seizures, the Equal Employment Opportunity Commission told a federal court.

  • March 09, 2026

    Employment Law Cases Have Rebounded Except For FLSA

    Employment law cases overall have bounced back from pandemic-era lows, especially discrimination and disability accommodation suits, though a slump has continued for Fair Labor Standards Act claims, according to a report by legal analytics provider Lex Machina.

  • March 09, 2026

    Nonprofit Accused Of Firing Director For Medical Leave

    The American Forest Foundation fired a former director for taking a leave of absence to address physical and mental health concerns brought on by a disability, the ex-director told a Colorado federal court.

  • March 09, 2026

    Google Shuts Down Claims It Fired Worker Over Cancer

    A Connecticut federal judge tossed a suit Monday from a former sales representative who said Google fired him after learning he had cancer to avoid paying out a $4 million life insurance policy, saying the ex-worker sent "mixed messages" on whether Google thought the condition was terminal.

  • March 09, 2026

    Water Damage Co. Faces Class Action Over Wages

    A pair of former employees of a water damage repair company claim in a proposed class action filed in Colorado state court that the company is violating Colorado employment laws by not allowing employees to take state-mandated breaks and by paying on-call workers a flat rate for assignments regardless of the actual hours worked.

  • March 09, 2026

    UPenn May Face Long Odds As EEOC Seeks Jewish Staff List

    The U.S. Equal Employment Opportunity Commission's robust investigative authority may give it an edge when it squares off with the University of Pennsylvania in federal court Tuesday to debate the agency's demand for detailed information on the Jewish members of the campus community, experts say.

  • March 09, 2026

    6th Circ. Upholds Dismissal Of Detroit Teacher's Bias Suit

    A former Detroit teacher has failed to persuade the Sixth Circuit to reopen her claims that school administrators treated her differently because of her Jewish faith and punished her for posting about a student assault in a teachers' Facebook group.

  • 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.

Expert Analysis

  • Water Cooler Talk: Classification Lessons From 'Love Is Blind'

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    The National Labor Relations Board's recent complaint alleging that cast members of the Netflix reality series "Love Is Blind" were misclassified as nonemployee participants and deprived of protections under the National Labor Relations Act offers insight for employers about how to structure independent contractor relationships, say Tracey Diamond and Emily Schifter at Troutman Pepper.

  • Employer Tips For Navigating Cultural Flashpoints Litigation

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    A New York federal court's recent refusal to fully dismiss claims that Cooper Union failed to address antisemitism underscores why employment litigation that involves polarizing political, social or cultural divides requires distinct defense strategies to minimize risk of an adverse outcome and of negative impacts on the employer's reputation, say attorneys at Seyfarth Shaw.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Tracking FTC Labor Task Force's Focus On Worker Protection

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    The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

  • 5 Key Issues For Multinational Cos. Mulling Return To Office

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    As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.

  • End May Be In Sight For Small Biz Set-Aside Programs

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    A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.

  • 6 Ways The Dole Act Alters USERRA Employment Protections

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    The recently passed Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act continues a long-standing trend of periodically increasing the scope of the Uniformed Services Employment and Reemployment Rights Act, expanding civilian employment rights for service members and veterans with some of the most significant changes yet, say attorneys at Littler.

  • TikTok Bias Suit Ruling Reflects New Landscape Under EFAA

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    In Puris v. Tiktok, a New York federal court found an arbitration agreement unenforceable in a former executive's bias suit, underscoring an evolving trend of broad, but inconsistent, interpretation of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, say attorneys at Williams & Connolly.

  • Water Cooler Talk: Takeaways From 'It Ends With Us' Suits

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    Troutman’s Tracey Diamond and Emily Schifter discuss how the lawsuits filed by “It Ends With Us” stars Blake Lively and Justin Baldoni hold major lessons about workplace harassment, retaliation and employee digital media use.

  • Running A Compliant DEI Program After EEOC, DOJ Guidance

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    Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.

  • 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.