Discrimination

  • January 15, 2026

    6th Circ. Says Cop's Rap Videos, Not Race Bias, Got Him Fired

    The Sixth Circuit declined to revive a suit from a Black cop who said race bias cost him his job, ruling he couldn't overcome evidence that he was actually terminated for creating and posting rap videos that depicted him brandishing guns and simulating shooting a homeless person.

  • January 14, 2026

    Full 5th Circ. Will Revisit PWFA's Constitutionality

    The Fifth Circuit late Wednesday vacated a split panel opinion allowing enforcement of the Pregnant Workers Fairness Act against the state of Texas, granting an en banc rehearing to consider whether the U.S. Constitution required House lawmakers' physical presence to have a quorum when the statute was approved.

  • January 14, 2026

    Wells Fargo Brass Gets 1st OK For 'Fake' Diversity Suit Deal

    A California federal judge has granted the first green light to a settlement reached between Wells Fargo investors and executives in a derivative suit claiming the bank's leadership failed to address the company's discriminatory lending practices and engaged in "fake" interviews with diverse candidates.

  • January 14, 2026

    Judge Questions If Workers' Attys Can Handle AI Bias Class

    A California federal judge called out the attorneys for a proposed class of workers who accused human resources software company Workday of using biased artificial intelligence to screen out job applicants, saying Wednesday that evidence indicated they'd been "asleep at the wheel."

  • January 14, 2026

    JPMorgan's Tobacco-Use Health Fee Is Illegal, Employee Says

    A JPMorgan Chase & Co. employee has hit the financial giant with a proposed class action in a New York federal court accusing it of issuing health insurance plans including fee requirements for tobacco users that violate the antidiscrimination provisions of the Employee Retirement Income Security Act.

  • January 14, 2026

    FAA Worker's Suspension Not Race-Based, 11th Circ. Affirms

    The Eleventh Circuit backed an early win Wednesday for the Federal Aviation Administration in a discrimination suit from an air traffic controller, ruling that "all evidence in the record" supports the conclusion that he was disciplined for failing to complete workplace training on time.

  • January 14, 2026

    Groups Seek To Halt EEOC Bid For Jewish UPenn Student Info

    A Jewish law student association and other groups urged a federal judge to let them step in and oppose the U.S. Equal Employment Opportunity Commission's efforts to craft a "registry" of Jewish students and staff at the University of Pennsylvania, saying the agency's information push evokes "a terrifying history."

  • January 14, 2026

    EEOC Tees Up Debate On Harassment Guidance Repeal

    The U.S. Equal Employment Opportunity Commission said Wednesday that it will meet next week to consider retracting workplace harassment guidance promulgated under former President Joe Biden's administration and address a resolution concerning the commission's litigation powers.

  • January 14, 2026

    EEOC Faces Headwinds In 8th Circ. Bid To Upend Jury Verdict

    The U.S. Equal Employment Opportunity Commission faced an uphill battle at the Eighth Circuit Wednesday as it sought a new trial in a suit accusing a chemical company of failing to stop a Black employee from being harassed, with one judge suggesting the agency's challenge to jury instructions is off-base.  

  • January 14, 2026

    5th Circ. Says Ex-United Worker Sued IAM Unit Too Late

    A former United Airlines customer service agent who says she was fired because of her continued need for work accommodations cannot sue her union for failing to take her wrongful discharge claim against the company to arbitration, a Fifth Circuit panel held, saying she missed her deadline to sue.

  • January 14, 2026

    EEOC Chair Defends Revamp: 'Elections Have Consequences'

    The U.S. Equal Employment Opportunity Commission voted along party lines Wednesday to rescind voting procedures that gave commissioners the right to call debates on proposed policy changes, with the agency's Trump-appointed leader promising to wield majority power aggressively.

  • January 14, 2026

    Trump Renews Norton Rose Atty's Nomination For EEOC GC

    President Donald Trump has resubmitted his push for Senate approval for the head of Norton Rose Fulbright's global labor and employment practice to take over as general counsel of the U.S. Equal Employment Opportunity Commission.

  • January 13, 2026

    Feds, States' Disparate Impact Split Adds Compliance Wrinkle

    New York and New Jersey recently enshrined the concept of disparate impact discrimination into their laws, adding a growing patchwork of obligations for employers following the federal government's recent repudiation of that legal theory.

  • January 13, 2026

    EEOC Disability Bias Win Stands, But Damages Shrink

    A Florida federal judge declined a senior living facility's bid for a new trial in a U.S. Equal Employment Opportunity Commission disability bias suit claiming it wouldn't hire a veteran who has PTSD, but cut a $400,000 jury verdict to $50,000 in line with a damages cap.

  • January 13, 2026

    Motel 6 Operator Settles EEOC Disability Bias Charge

    A Motel 6 operator in Florida agreed to pay $50,000 to resolve a charge filed with the U.S. Equal Employment Opportunity Commission alleging a worker was forced out of her job because of disability discrimination, the agency announced Tuesday.

  • January 13, 2026

    AI, Telework Highlighted In NYC's New Disability Bias Manual

    New York City's civil rights agency released updates to its disability discrimination guidelines on Tuesday to address how artificial intelligence could disadvantage disabled workers, broaden its discussion of service animals, and clarify that remote work could be an accommodation for a disabled worker.

  • January 13, 2026

    Blue States Say HHS Conditions Funding On Anti-Trans Bias

    A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.

  • January 13, 2026

    NJ Gov. Says Ex-Elections Chief's Admission Fatal To Case

    New Jersey Gov. Phil Murphy told a state court judge that a suit by former elections chief Jeffrey Brindle should be completely dismissed because his decision to write a satirical article in his official capacity invalidates his First Amendment claim as it applies to his continued employment in the role.

  • January 13, 2026

    Firm Can't Shake Legal Assistant's Pregnancy Bias Suit

    A legal assistant's suit accusing a New Mexico-based personal injury law firm of forcing her to resign she disclosed her pregnancy will head to trial to determine whether there were multiple contracts at stake, a federal magistrate judge said.

  • January 13, 2026

    Civil Rights Groups Knock Potential EEOC Voting Changes

    The AFL-CIO, the American Civil Liberties Union and other groups warned that proposed changes to the U.S. Equal Employment Opportunity Commission's voting procedures would amount to a "power grab" by the agency's Republican chair.

  • January 12, 2026

    Sen. Kelly Sues Hegseth Over Alleged Retaliation For Remarks

    Sen. Mark Kelly, D-Ariz., sued Defense Secretary Pete Hegseth Monday, urging a D.C. federal court to declare unlawful Hegseth's attempt to reduce the lawmaker's Navy rank over statements reminding service members of their obligation to disregard unlawful orders.

  • January 12, 2026

    Ex-Security Guard Details Sexual Assault In Harassment Suit

    A former security officer broke into tears on the witness stand Monday as she told an Atlanta federal jury about an alleged sexual assault she said she suffered at the hands of her former employer's then-vice president of operations.

  • January 12, 2026

    UPS Gets Win In Black Ex-Driver's Fla. Race Bias Suit

    A Florida federal judge ruled in favor of UPS after the company was sued for alleged racial discrimination over firing one of its delivery drivers, who is Black, saying the former employee was terminated for misconduct. 

  • January 12, 2026

    9th Circ. Says Lack Of Comparators Dooms UPS Sex Bias Suit

    The Ninth Circuit declined Monday to revive a suit from a trio of UPS workers who claimed an "old boys' club" culture left women with subpar pay and medical accommodations, ruling they failed to identify comparable men who received better treatment.

  • January 12, 2026

    Apple Hit With Disability Discrimination Lawsuit

    Apple discriminated against a senior adviser with multiple disabilities, forcing her to take a demotion to a lower-paid position in order to keep working remotely and ultimately created a hostile work environment, according to a suit now in Colorado federal court.

Expert Analysis

  • 4 Novel Issues From The Blake Lively, Justin Baldoni Suits

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    A series of lawsuits arising from actress Blake Lively's sexual harassment and retaliation complaint against her "It Ends With Us" co-star, Justin Baldoni, present novel legal issues that employment and defamation practitioners alike should follow as the litigation progresses, say attorneys at Dorsey & Whitney.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • How Trump Admin May Approach AI In The Workplace

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    Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Top 10 Employer Resolutions For 2025

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    While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.

  • What To Expect From EEOC Next Year After An Active 2024

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    While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • What Employers Should Consider When Drafting AI Policies

    Excerpt from Practical Guidance
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    As generative artificial intelligence continues to evolve and transform the workplace, employers should examine six issues when creating their corporate AI policies in order to balance AI's efficiencies with the oversight needed to prevent potential biases and legal pitfalls, say attorneys at Jackson Lewis.

  • Eye On Compliance: When Calif. Jobs Require Driver Licenses

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    With a California law banning unnecessarily requiring job applicants to have driver's licenses rolling out Jan. 1, employers should take to heart the law's goal of preventing discriminatory barriers while they assess and revise their employment materials for compliance, says Ani Khachatryan at Wilson Elser.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • 5 Employer Defenses To Military Status Discrimination Claims

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    A Colorado federal court's recent ruling, finding a Navy reservist wasn't denied promotion at his civilian job due to antimilitary bias, highlights several defenses employers can use to counter claims of violations of the Uniformed Services Employment and Reemployment Rights Act, say attorneys at Littler Mendelson.