Discrimination

  • November 09, 2026

    Live Nation Ex-VP Must Arbitrate $35M Whistleblower Suit

    A California state judge Monday ruled that a former Live Nation executive who claims the company fired him for blowing the whistle on corporate misconduct can't avoid arbitration, although he said the parties can bring him any discovery disputes, citing concerns about the arbitrator's discovery rules.

  • November 09, 2026

    9th Circ. Gives Wash. Worker 2nd Chance At Vax Bias Suit

    The Ninth Circuit on Monday gave a Christian worker another chance to claim a Washington state agency illegally fired her for opposing its COVID-19 vaccine mandate on religious grounds, directing the lower court to zero in whether granting her an exception would have been too burdensome.

  • November 09, 2026

    Carhartt Hit With $100M Race Bias Claim By Ex-VP

    A former Carhartt Inc. vice president who says she was the apparel company's highest-ranking Black executive has filed a federal lawsuit seeking at least $100 million in punitive damages, alleging she was subjected to racial discrimination, sexual harassment and retaliation before being fired for speaking out against discriminatory workplace practices.

  • November 09, 2026

    Geico Bars Wash. Workers From Discussing Pay, Suit Says

    Geico is facing a proposed class action in Washington state court alleging that its confidentiality agreement unlawfully prevents employees in the state from discussing their wages and potentially illegal conduct at work.

  • November 09, 2026

    United Airlines Escapes Ex-Pilot's Military Bias Lawsuit

    United Airlines defeated a former pilot's lawsuit alleging it unlawfully refused to reinstate him following a lengthy furlough he took to serve in the Air Force Reserve, with an Illinois federal judge ruling he hadn't provided evidence that anti-military bias tainted the airline's decision.

  • November 09, 2026

    Pharmacy Tech's COVID Vax Bias Suit Falls Short At 7th Circ.

    The Seventh Circuit refused to reopen a suit alleging an Illinois county hospital fired a pharmacy technician for requesting a religious exemption from the COVID-19 vaccine, saying it was bound by a recent ruling nixing a similar case.

  • November 09, 2026

    Justices Turn Away Mexican American Teacher's Bias Suit

    The U.S. Supreme Court declined on Monday to review a teacher's discrimination suit claiming he was fired out of bias for his Mexican American ancestry, leaving intact a Fifth Circuit decision that concluded he hadn't shown that teachers of different races received better treatment.

  • November 09, 2026

    Justices Won't Revisit Toss Of White Anchor's Race Bias Suit

    The U.S. Supreme Court refused Monday to review a white former news anchor's lawsuit alleging she was fired because of her race and replaced with a Black woman, despite her argument that the Fifth Circuit used an improperly high standard when dismissing her case.

  • November 09, 2026

    Justices Pass On Chance To Assess Muldrow's Effect On PIPs

    The U.S. Supreme Court on Monday rejected a former information technology employee's invitation to clarify whether workers' placement on performance improvement plans that don't result in termination or changes in pay and benefits can sustain bias suits under a worker-friendly high court ruling from 2024.

  • November 06, 2026

    Harvard Says EEOC Charge Is Retaliation For Defying Trump

    Harvard University on Friday urged a Massachusetts federal judge to reject the Equal Employment Opportunity Commission's request for hiring data on thousands of applicants and employees, calling it the "latest escalation" of a "persistent, all-out campaign to punish Harvard for refusing to acquiesce" to the Trump administration's efforts to exert control over the school.

  • November 06, 2026

    Ex-Cruise Line Server Says Reporting Assaults Got Her Fired

    American Cruise Lines fired a server after she reported being repeatedly sexually assaulted by the vessel's executive sous chef, and the company ignored warning signs about him beforehand, according to a lawsuit filed Friday in Georgia federal court.

  • November 06, 2026

    Colo. Asks For Early Win In Ex-Official's Race Bias Suit

    Colorado and its officials urged a federal judge Friday to grant them an early win in a race discrimination lawsuit brought by a former state agency head, contending the ex-employee's claims fall short because the state terminated her for performance issues and insubordination.

  • November 06, 2026

    10th Circ. Reinstates EEOC Long-COVID Disability Bias Case

    The Tenth Circuit gave the U.S. Equal Employment Opportunity Commission a new shot at a disability bias suit claiming an appliance company fired a worker with long-COVID symptoms, saying Friday that the absence of a formal diagnosis didn't doom her claim that the company failed to accommodate her.

  • November 06, 2026

    UMich Protest Plaintiff Seeks Dismissal Amid Criminal Case

    A former University of Michigan employee who alleges she was fired for participating in a pro-Palestine protest has asked to be temporarily dropped from her employment retaliation lawsuit against the university, arguing that continuing with the case may jeopardize her defense in a parallel federal criminal case.

  • November 06, 2026

    Roofing Co. To Pay $700K In EEOC Race, Sex Harassment Suit

    An Illinois roofing company has struck a $700,000 deal with the U.S. Equal Employment Opportunity Commission to end a suit claiming a vice president used racial slurs and made sexual comments toward female workers, according to a federal court filing.

  • November 06, 2026

    NY Forecast: Class Award In Teacher Bias Case At 2nd Circ.

    This week, the Second Circuit will consider a challenge to the $350,000 incentive award a federal judge approved for the representative of the class in a long-running dispute accusing the New York City Board of Education of discrimination based on a test it used to certify teachers.

  • November 06, 2026

    11th Circ. Backs Navy Win In Worker's Retaliation Case

    The Eleventh Circuit declined to reinstate a lawsuit brought by a former Navy employee alleging she was terminated for reporting a breach of a settlement agreement, saying the Navy's key decision makers were unaware of her complaints and that she had committed "numerous acts of alleged insubordination" during that time.

  • 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

    DOL Strips Affirmative Action Mandate From Apprenticeships

    The U.S. Department of Labor unveiled its blueprint Thursday for rolling back decade-old regulations requiring apprenticeship program sponsors to meet certain affirmative action and equal employment opportunity obligations, releasing a rule the agency said would repeal "burdensome and legally questionable" demands.

  • 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.

Expert Analysis

  • Calif. Sex Harassment Cases Clarify Limits On EFAA Waivers

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    Two recent rulings in California confirm that the plaintiff's knowledge drives waiver analysis under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, underscoring that employers should build a strong evidentiary record and pick their battles, says Ellen Connelly Cohen at Call & Jensen.

  • 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.