Discrimination

  • November 06, 2026

    Dems' State-Level Wins May Tee Up New Paid Leave Mandates

    Democrats made significant midterm gains in state governments where Republicans held control, a power shift that experts said may result in new state-level laws on paid leave, salary transparency and artificial intelligence.

  • November 06, 2026

    Calif. Forecast: Court Weighs $17.5M Bakery Wage Deal

    In the week ahead, attorneys should watch for a hearing on a deal to resolve a wage and hour class action against Earthgrains Distribution LLC and its sole member, baked goods manufacturer Bimbo Bakeries USA Inc. Here's a look at that case and other labor and employment matters on deck in California.

  • November 06, 2026

    5th Circ. Won't Reopen Ex-Oracle Worker's Race Bias Suit

    The Fifth Circuit backed software giant Oracle's defeat of a former sales representative's suit alleging she was placed on a performance improvement plan and terminated because she's Black, concluding she couldn't overcome the company's argument that substandard performance cost her the job.

  • November 06, 2026

    5th Circ. Says School District Must Face Race, Sex Bias Suit

    The Fifth Circuit revived a Black school administrator's suit claiming her boss fired her out of bias after stating he hoped she wasn't the "average angry Black woman," ruling her school district needed to present stronger evidence to support its position that performance issues drove her termination.

  • November 05, 2026

    Trial Court Reversal Of Default Bias Win Upheld At 5th Circ.

    The Fifth Circuit declined Thursday to undo the dismissal of a community college police officer's bias suit claiming she lost out on additional work for filing sex harassment complaints, backing a trial court's decision to toss her case even though the school never responded to it.

  • November 05, 2026

    Maynard Nexsen Adds 9 Constangy Attys Across 3 States

    Maynard Nexsen PC said Thursday the firm has added nine labor and employment attorneys from Constangy Brooks Smith & Prophete LLP, expanding its presence in New York, New Jersey and Missouri.

  • November 05, 2026

    Racing Against Whistleblowers Could Cost Companies

    The U.S. Department of Justice's new cash rewards program for tips on criminal fraud threatens to ramp up the pressure on companies to hurry internal investigations and quickly report suspected misconduct to the government before whistleblowers do, which could backfire in some cases, according to experts.

  • November 05, 2026

    Vt. Voters OK Bolstering Constitutional Anti-Bias Protections

    Vermonters voted to amend their state constitution to enshrine equal protection rights for all residents, adding an expansive list of protected characteristics that includes sexual orientation, gender identity and gender expression.

  • November 05, 2026

    Controversial DOJ Civil Rights Division Leader Steps Down

    Harmeet K. Dhillon, a U.S. Department of Justice official who instituted dramatic changes as leader of the Civil Rights Division, has stepped down from her role.

  • November 05, 2026

    Federal Workers Seek To Halt Gender-Affirming Benefits Ban

    Two federal employees urged a D.C. federal court to block President Donald Trump's administration from eliminating coverage for gender-affirming care from their 2027 health benefits, arguing thousands of people will be harmed unless the court steps in before open enrollment ends.

  • November 05, 2026

    Ga. Atty Fights Sanctions Bid For Sharing Severance Talks

    An attorney for a woman suing the investment firm that laid her off told a Georgia federal judge Wednesday that a defense lawyer's bid to sanction him for causing "reputational harm and professional embarrassment" by publicizing comments made during confidential severance negotiations suggests the firm knew those comments amounted to illegal retaliation.

  • November 04, 2026

    2nd Circ. Says Ex-EMT's Retaliation Suit Lacks Evidence

    The Second Circuit declined Wednesday to revive a former EMT's suit claiming she was transferred to a billing department role for complaining that her male colleagues harassed her, ruling she failed to overcome the ambulance company's defense that it was attempting to shield her from alleged mistreatment.

  • November 04, 2026

    IKEA 'Boys' Club' Derailed Manager's Career, Bias Suit Alleges

    An ambitious IKEA middle manager lost her shot at a promotion and eventually lost her job entirely because of the toxic "boys' club" culture of the company's leadership team, she alleged in a new discrimination suit in Washington state court.

  • November 04, 2026

    5th Circ. Backs Texas City In ADA Retaliation Suit

    The Fifth Circuit refused to reopen a former Texas municipal employee's lawsuit alleging she was fired over requested accommodations for her thyroid disease and mental health issue, finding her "vague and ambiguous" presuit bias charge couldn't support the case.

  • November 04, 2026

    6th Circ. Backs UAW, Ford Win In Discrimination Suit

    The Sixth Circuit on Wednesday refused to revive a former Ford employee's lawsuit claiming that the United Auto Workers failed to properly represent him after he was wrongfully terminated, ruling that the claims he lodged against the company and the union are time barred.

  • November 04, 2026

    Ogletree Brings On 3 Attys In Calif. Specializing In Litigation

    Ogletree Deakins Nash Smoak & Stewart PC has expanded two of its California offices with the recent additions of three attorneys who moved their practices to Los Angeles and San Diego.

  • November 04, 2026

    House Democrat Urges Labor Agencies To Preserve Records

    The top Democrat on the House Education and Workforce Committee urged the U.S. Department of Labor, the National Labor Relations Board and other federal agencies on Wednesday to preserve government records ahead of the next Congress, warning that officials who unlawfully destroy documents could face criminal penalties.

  • November 04, 2026

    Turner Sports, Ex-HR Director Reach Deal In Severance Suit

    A one-time Warner Bros. subsidiary has struck a deal to end a race bias suit from a former human resources director who claimed she was denied severance benefits after she quit following Discovery Inc. and WarnerMedia's 2022 merger, according to a Georgia federal court filing.

  • November 04, 2026

    Medical Transport Co. To Pay $2.2M In EEOC Beard Ban Suit

    Emergency services provider Global Medical Response will pay $2.2 million and create a new category of nonemergency jobs to resolve a U.S. Equal Employment Opportunity Commission suit claiming the company's strict no-beard policy violated federal laws, according to a Colorado federal court filing.

  • November 03, 2026

    4th Circ. Keeps CIA Officers' Appeal Rights In DEI Firing Suit

    All but one of the Fourth Circuit's judges voted to deny the federal government's request for an en banc rehearing of a panel's split decision that allowed CIA officers to appeal terminations that were allegedly due to their involvement with assignments related to DEI and accessibility, according to a Tuesday order.

  • November 03, 2026

    Lockheed To Pay $29.5M Over Alleged DEI Bias Practices

    Lockheed Martin Corp. agreed to pay $29.5 million under two settlements announced Monday by the U.S. Department of Justice over allegations that the defense contractor considered race or sex in some pay, hiring and promotion decisions while certifying compliance with federal antidiscrimination requirements

  • November 03, 2026

    Troops Urge Justices To Delay Review Of Military Trans Ban

    A group of transgender servicemembers have asked the U.S. Supreme Court to decline to review the Trump administration's ban on transgender individuals serving in the military for now, saying the government's current appeal of a narrow circuit court ruling against the policy is premature and incomplete.

  • November 03, 2026

    Justices Seem Open To Colo. Catholic Schools' Bias Claims

    The U.S. Supreme Court appeared receptive Tuesday to a push by Catholic parishes to be exempted from a requirement under Colorado's universal preschool program that ties funding to the acceptance of a nondiscrimination mandate, with Justice Brett Kavanaugh saying the case poses a "clash" between religious and LGBTQ+ rights.

  • November 03, 2026

    Ex-Hospital Worker Can't Get Out Of Bias Settlement

    A Michigan federal judge has ordered a former William Beaumont Hospital employee to honor a settlement resolving her pregnancy discrimination lawsuit, rejecting her attempts to narrow the agreement to exclude potential medical malpractice claims involving her minor child and allowing her attorneys to withdraw amid a breakdown in their relationship.

  • November 03, 2026

    Justices Urged To Use Bias Suit To Upend McDonnell Douglas

    A Chinese employee asked the U.S. Supreme Court to review the dismissal of his suit claiming he was wrongly denied a promotion that went to a younger, white worker, suggesting the justices use the dispute to overturn a longstanding evidentiary test for discrimination cases.

Expert Analysis

  • Flashpoints In Focus: Navigating Anti-American Bias Scrutiny

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.