Discrimination

  • March 27, 2026

    Up Next At High Court: Birthright Citizenship, Arbitration

    The U.S. Supreme Court will close out its March oral arguments session by hearing a nationwide class's blockbuster challenge to President Donald Trump's limited view of birthright citizenship, as well as a dispute over federal courts' authority to confirm or vacate arbitration awards in cases they've formerly overseen.

  • March 27, 2026

    Guardsman Says Partners Pushed Him Out Of Biz Venture

    An Oklahoma National Guard member told a Georgia federal court his business partners violated federal law by trying to boot him from their company after he was called up for duty and by starting a new venture when they couldn't get rid of him. 

  • March 27, 2026

    5th Circ. Won't Revive Ex-Health IT Co. Worker's Bias Suit

    The Fifth Circuit upheld a healthcare information technology provider's win over a Black former manager's lawsuit claiming she was fired for complaining that a white male colleague was treated better, saying she couldn't overcome the company's rationale for letting her go.

  • March 27, 2026

    Security Co. Inflexibility Made Baptist Guard Quit, EEOC Says

    A security company refused to change a guard's work schedule after he raised concerns that it wouldn't allow him to attend church as a Baptist deacon, according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission on Friday.

  • March 27, 2026

    Mich. Judge Signals No Stay If Attys Exit Retaliation Suit

    A Michigan federal judge said Friday she is not inclined to pause a long-running sexual harassment suit again if counsel for an attorney who is suing her ex-mentor and former firm are allowed to withdraw, telling the parties, "We've been here. We've done this," as she heard arguments over a motion to exit the case.

  • March 27, 2026

    General Motors Can't Get Early Win In EEOC Age Bias Suit

    An Indiana federal judge refused to let General Motors escape a U.S. Equal Employment Opportunity Commission suit claiming the business unlawfully withheld disability pay from workers who received Social Security benefits, calling GM's argument that its policy hinged on benefit eligibility rather than age premature.

  • March 27, 2026

    Colo. City Nabs Early Win In Sexual Harassment Suit

    A Colorado federal judge granted the city of Aurora summary judgment Friday after finding that the sexual harassment claims brought by three women who participated in an Aurora Police Department training program are time-barred.

  • March 27, 2026

    Kroger Fired Disabled Worker Over Need To Sit, EEOC Says

    A Houston-area Kroger violated disability bias law by firing a cashier with nerve damage because she needed to sit and use a walker while on the job, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed in Texas federal court.

  • March 27, 2026

    Calif. Women, Minorities Cluster In Low Pay

    The gender and race pay gap in California remains an issue among private sector employers despite the state having robust equal pay laws, the California Civil Rights Department said.

  • March 27, 2026

    Fired Cognizant Worker Was 'Uncooperative,' Jury Told

    A Manhattan federal jury weighed claims Friday that Cognizant Technology Solutions fired a New York University professor for complaining about hiring bias, after a lawyer for the company called him a troublesome employee who has no contemporaneous evidence of his concerns.

  • March 27, 2026

    Calif. Forecast: County Wants Workers' Vax Suit Tossed

    In the next week, attorneys should watch for arguments in a suit by around 30 workers alleging Santa Clara County had a discriminatory COVID vaccination policy. Here's a look at that case and other labor and employment matters on deck in the state.

  • March 27, 2026

    Morgan Lewis Adds Baker McKenzie Employment Ace In Fla.

    Morgan Lewis & Bockius LLP said Friday it has bolstered its labor and employment practice with the addition of a former Baker McKenzie attorney in Miami.

  • March 26, 2026

    Ex-Mich. City Workers Say Judge Erred In Trimming Vax Suit

    Former city employees of Ann Arbor, Michigan, asked a federal judge Thursday to reconsider her decision to remove religious discrimination and state civil rights claims from their suit alleging religious discrimination after they were denied COVID-19 vaccine exemptions.

  • March 26, 2026

    4 Takeaways As 1st Circ. Offers Post-Muldrow PIP Road Map

    A recent First Circuit ruling backing a civil engineering firm's win in a bias suit provided important clues on how a performance improvement plan could run afoul of the law in light of a worker-friendly U.S. Supreme Court ruling from 2024, attorneys say. Here, Law360 looks at four takeaways from the First Circuit's decision.

  • March 26, 2026

    White & Case Staffer Sues Firm Over Nude Photo Ridicule

    A White & Case LLP staffer sued the law firm in New York state court Wednesday, alleging the firm's purported "hostile work environment" shielded his colleagues after they allegedly shared nude photos of him, which he claims were taken by his supervisor while he was unconscious at a firm-sponsored party.

  • March 26, 2026

    EEOC Says Gender-Affirming Care Limits Don't Violate Title VII

    The Office of Personnel Management did not violate federal civil rights laws when it allowed health insurance plans to exclude coverage of treatments for gender dysphoria, the U.S. Equal Employment Opportunity Commission ruled, citing a U.S. Supreme Court decision that upheld Tennessee's ban on gender-affirming care for minors.

  • March 26, 2026

    11th Circ. Seems Skeptical Of White Former Exec's Bias Case

    The Eleventh Circuit pressed a white former medical waste disposal executive Thursday on whether the appellate court should revive his race bias case, asking him to square his discrimination argument with the fact that the woman who got the promotion he wanted was also white. 

  • March 26, 2026

    Abbott Unit Beats Ex-Worker's Whistleblower Suit At 8th Circ.

    The Eighth Circuit declined Thursday to reinstate a former worker's suit claiming he was fired from an Abbott Laboratories subsidiary for reporting healthcare kickback violations, ruling he couldn't sue under the Minnesota whistleblower law as a Hawaii resident.

  • March 26, 2026

    Contractor Label Bars Bias Claims Against Cognizant

    A New Jersey appellate panel on Thursday backed the dismissal of a technology recruiter's sexual harassment and discrimination suit against Cognizant Technology Solutions and a staffing vendor, finding she worked as an independent contractor and therefore could not invoke the protections of the state's Law Against Discrimination.

  • March 26, 2026

    Fla. AG Threatens Suit Over NFL Diversity Hiring Rule

    Florida's attorney general has called out the NFL's Rooney Rule, which requires teams to interview diverse candidates for open coaching and leadership roles, claiming it amounts to "blatant race and sex discrimination" that conflicts with state law.

  • March 26, 2026

    Troutman, Former Associate Fight Over Scope Of Bias Trial

    Weeks ahead of an anticipated May trial over discrimination and retaliation claims brought by a former Troutman Pepper Hamilton Sanders LLP associate, the firm and its onetime employee are sparring over the scope of evidence that may be presented at trial.

  • March 26, 2026

    Regeneron Can't Sink Disability Bias Claims Over Scheduling

    A former Regeneron Pharmaceuticals director can proceed with her lawsuit claiming she was fired for requesting a flexible schedule to care for her daughter, a New York federal judge ruled, saying she'd sufficiently backed up allegations that doing so had violated federal disability bias law.

  • March 26, 2026

    Workers In Race Bias Suit Say JBS, Subsidiary Shared Control

    Haitian nationals accusing meatpacking giant JBS USA Food Co. and a subsidiary of race-based discrimination and numerous labor violations have told a Colorado federal court their lawsuit should survive JBS' dismissal bid, arguing that they've sufficiently established an employer relationship with both.

  • March 26, 2026

    Worker Who Scored High Court Win Can't Get Atty Fees Yet

    An Ohio federal judge refused to award $466,000 in attorney fees to a straight woman who persuaded the U.S. Supreme Court to revive her bias suit, saying that while she won her appeal she still hasn't technically won the case.

  • March 25, 2026

    11th Circ. Largely Backs Atlanta's Win In Cop's Bias Suit

    The Eleventh Circuit largely backed several wins by the city of Atlanta in a race bias and whistleblower suit from a former police lieutenant, ruling Wednesday that his retaliation claim "does not present a close call, or even a close call about whether there is a close call."

Expert Analysis

  • 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

    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.