Discrimination

  • October 30, 2026

    EEOC, Yale Hospital Age Bias Battle Could Have Broad Impact

    The U.S. Equal Employment Opportunity Commission's ongoing challenge to Yale New Haven Hospital's age-based cognitive testing policy could reverberate through the healthcare sector, where employers are increasingly linking age and safety concerns, experts say.

  • October 30, 2026

    Calif. Forecast: High Court Weighs 'Headless' PAGA Claims

    In the week ahead, attorneys should watch for California Supreme Court oral arguments on whether employees can bring claims under the state's Private Attorneys General Act on behalf of only other workers and not themselves. Here's a look at that case and other labor and employment matters on deck in the state.

  • October 30, 2026

    Co. Says EEOC Suit Over Women-Only Retreat Was Premature

    A Coca-Cola bottling company said the U.S. Equal Employment Opportunity Commission shirked its presuit obligations before filing a lawsuit over a women-only corporate retreat, telling a federal court that the company was simply complying with a now-rescinded executive order aimed at promoting gender equity.

  • October 30, 2026

    NY Forecast: Judge Weighs Tossing VA Sex Bias Suit

    In the week ahead, a New York federal judge will consider the U.S. Department of Veterans Affairs' bid to dismiss a former employee's suit claiming she was discriminated against on the basis of her sex, denied overtime and passed over for better working opportunities.

  • October 29, 2026

    9th Circ. Won't Unblock Calif. Captive Meeting Law

    The Ninth Circuit on Thursday upheld a lower court order blocking California from implementing its law banning so-called captive audience meetings, saying the employer groups that challenged the law showed the law likely infringed on their First Amendment rights.

  • October 29, 2026

    Finance Sector Has Calif.'s Worst Gender Pay Gap, Data Says

    California's Civil Rights Department shared data Thursday showing that the finance and insurance sector has the largest gender pay gap in the state, with women only making 64 cents for every dollar that men make.

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    DOJ Says Immigration Judge Isn't Shielded From Removal

    The U.S. Department of Justice told a Massachusetts federal judge that an ex-immigration judge who claims he was fired for his political ideology and advocacy work was an at-will employee who cannot show his firing was discriminatory.

  • October 29, 2026

    Pot Use Firing Suit Can Be Arbitrated Despite Flawed Clause

    A California state judge has granted Aarris Healthcare Staffing LLC's bid to compel arbitration against a former employee alleging she was wrongly fired for off-duty cannabis use, despite finding portions of the agreement unenforceable.

  • October 29, 2026

    Google Cut Worker's Duties After Military Leave, Feds Say

    Google failed to reinstate a former employee to a similar role after he returned from a yearlong stint in the U.S. Army's Cyber Command unit and eventually laid him off, according to a lawsuit the U.S. Department of Justice filed Thursday in Manhattan.

  • October 29, 2026

    EEOC Cancels Meeting On Nixing Criminal History Guidance

    The U.S. Equal Employment Opportunity Commission canceled a Friday public meeting that would have centered on the agency's plans to scrap Obama-era guidance about how to legally use arrest and conviction records in employment decisions.

  • October 29, 2026

    Groups Drop Suit Over Trump's DEI Mandate For Contractors

    A coalition of organizations ended their challenge of an executive order from President Donald Trump that requires government contractors to disavow "racially discriminatory DEI activities," stating that while they lost their bid to freeze the order, they gained crucial clarity from the court about the directive's scope.

  • October 28, 2026

    9th Circ. Judge Calls Out Whole Foods For Standing Flip-Flop

    A Ninth Circuit judge confronted Whole Foods on Wednesday for reversing its position in a proposed class action alleging failure to include wage information in job listings, pressing its counsel on why an appellate panel should accept its new standing argument and let the case proceed in federal court instead of Washington state court.

  • October 28, 2026

    Cruise Co. Settles Fla. Doc's Whistleblower Suit Over Billing

    A Florida doctor said he reached a quick settlement with Norwegian Cruise Lines Holdings Ltd. one month after filing his lawsuit alleging he was fired for opposing the company's practice of overbilling passengers, the state's federal court records show.

  • October 28, 2026

    Jury Backs UNC In Vision Doctor's Retaliation Suit

    A federal jury Wednesday sided with the University of North Carolina in an ophthalmologist's lawsuit claiming the university cut his fellowship short for complaining an attending physician bullied and criticized him because he's Egyptian and over 40.

  • October 28, 2026

    Hotel Group Settles LGBTQ+ Bias Suit Over Medical Leave

    A hotel management company agreed to settle and close a former manager's suit claiming she was fired out of discrimination when she asked for time off to undergo gender-affirming medical procedures, according to a North Carolina federal court filing.

  • October 28, 2026

    Judge Axes EEOC Sanctions Bid In Bias Suit Over Opioid Use

    A West Virginia federal magistrate judge denied the U.S. Equal Employment Opportunity Commission's request for sanctions against a concrete company it accused of refusing to hire applicants who took medication to treat opioid addiction, finding the agency's claim that the company withheld information was too speculative.

  • October 28, 2026

    Meatpacking Cos. Can't Escape Haitian Workers' Bias Suit

    Two meatpacking companies must face a proposed class action alleging they lured Haitian workers to Colorado with false promises and subjected them to harsh working conditions because of their race, with a federal judge saying Wednesday that the bid to toss the case is based mostly on technicalities.

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    Christian Worker Gets New Shot At 'Laramie Project' Bias Suit

    The Tenth Circuit reinstated an administrator's suit claiming he was fired for trying to inject a "Christian perspective" into a school play about the 1998 murder of a gay man in Laramie, Wyoming, saying a jury might find his religious beliefs cost him his job.

  • October 28, 2026

    NYC Must Face Ex-Firefighter's Suit Over FMLA Leave

    New York City narrowed but can't escape a former firefighter's lawsuit alleging the fire department tried to extend his probationary period and ultimately fired him because he took leave to care for his daughter, with a federal judge ruling his claims were detailed enough to move forward.

  • October 28, 2026

    7th Circ. Mulls If Graveyard Shift Offer Can Sustain ADA Suit

    The Seventh Circuit questioned during a hearing Wednesday if Costco's decision to offer a deaf forklift driver a night shift position, instead of a preferred daytime role, constitutes the kind of adverse action that can sustain an Americans with Disabilities Act claim.

  • October 27, 2026

    UCLA Says It Helps, Not Hurts, Jewish Staff In DOJ Case

    The federal government's lawsuit accusing the University of California, Los Angeles, of systematically discriminating against its Jewish and Israeli employees ignores significant steps the university has taken to make sure those same employees thrive, UCLA said in a motion to dismiss.

  • October 27, 2026

    JPMorgan Seeks Sanctions In Ex-Banker's Bias Suit

    A former JPMorgan Chase employee's claims of racial discrimination and sexual harassment were completely false and manufactured, JPMorgan and the employee's former supervisor said in motions urging a New York federal judge to levy sanctions against Chirayu Rana for his "fraudulent litigation."

  • October 27, 2026

    Union Fights To Preserve Challenge To Texas A&M 'Woke' Ban

    A Texas federal judge should preserve claims that Texas A&M is violating the First Amendment by banning "woke" teachings on race, gender and sexual orientation, a professors' union argued, saying the university system's argument in favor of the censorship policy violates U.S. Supreme Court precedent.

Expert Analysis

  • Flashpoints In Focus: Navigating Anti-American Bias Scrutiny

    Author Photo

    In light of the U.S. Equal Employment Opportunity Commission encouraging workers to file charges alleging national origin discrimination against Americans, employers should separate political disagreement from protected status discrimination, and carefully examine language- and visa-related practices, say attorneys at Seyfarth Shaw.

  • West Point Prof's Suit Tests Public Employee Speech Limits

    Author Photo

    A recent complaint in New York federal court alleging that West Point unlawfully terminated a professor who challenged a directive banning references to human causes of climate change could illuminate how academic freedom and public employee speech protections apply at a military academy, say attorneys at Foley & Lardner.

  • Accenture's FCA Deal Shows DEI Risks For Gov't Contractors

    Author Photo

    The U.S. Department of Justice recently settled allegations that Accenture falsely certified compliance with antidiscrimination requirements in its federal contracts, underscoring how diversity goals can become a False Claims Act issue when the company requests payment from the government, say attorneys at Bass Berry.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

    Author Photo

    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • How Viral Accusations Can Test Employers' Discipline Policies

    Author Photo

    The employment fallout that appears to have followed a former Cornell University student's sexual assault lawsuit against seven fraternity members underscores that although employers often have freedom to fire employees over accusations, they must still make a defensible decision, says Michael Elkins at MLE Law.

  • Managing Employer Risk Under Calif.'s No Robo Bosses Law

    Author Photo

    California's No Robo Bosses Act marks the state's first statutory limit on using artificial intelligence in employee discipline and termination decisions, creating exposure for employers through its corroboration and notice requirements, burden-shifting framework, and potential reach under the Private Attorneys General Act, say attorneys at Reed Smith.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

    Author Photo

    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • A Nuanced Reading Of DOL's Mental Health Parity Guidance

    Author Photo

    Though a recent U.S. Department of Labor bulletin may suggest that agency enforcement pressure on group health plans with respect to mental health parity is easing, the takeaways are more complex, and plan sponsors should not relax compliance efforts, say attorneys at Proskauer.

  • Tips For Employers As Calif. Court Limits Harassment Liability

    Author Photo

    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • Religious Accommodation Lessons From Recent EEOC Focus

    Author Photo

    With several recent U.S. Equal Employment Opportunity Commission enforcement actions focusing on religious accommodations, employers should identify the actual burden an accommodation imposes, distinguish operational hardship from co-workers' objections, and pay attention to how the accommodation is implemented, says Crystal Banse at Spencer West.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

    Author Photo

    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • What Greek Tragedy Teaches About Mediating AI Disputes

    Author Photo

    While ancient Greek writers could not have anticipated modern arbitration, their tragic plays illustrate new and familiar questions for mediators dealing with artificial intelligence disputes, including the functional differences between adjudication and resolution, says Giuseppe De Palo at JAMS.

  • Tracking Trends In State-Level Regulatory Enforcement

    Author Photo

    State-level enforcement now increasingly involves antitrust, artificial intelligence and data privacy issues, and the key for organizations to reducing risk is having the ability to respond across governance, public affairs, discovery and remediation in multiple states simultaneously, say consultants at FTI Consulting.