Discrimination

  • January 07, 2026

    NFL Takes Arbitration Fight In Flores Case To Supreme Court

    The National Football League has asked the U.S. Supreme Court to decide whether its arbitration process, overseen by the commissioner, complies with federal law, appealing a Second Circuit ruling in favor of a coach suing the league for discrimination.

  • January 07, 2026

    Worker Fired After Griping About Boss Falls Short At 4th Circ.

    The Fourth Circuit declined Wednesday to reinstate a West Virginia city worker's suit claiming she was fired for taking leave to treat an eating disorder, ruling she couldn't overcome the city's position that she was terminated for complaining about her boss on Facebook, and directly to the mayor's wife.

  • January 07, 2026

    UAW Seeks Quick Exit In Battery Plant Worker's Firing Suit

    A United Auto Workers local is fighting to escape a battery plant worker's hybrid discrimination lawsuit, telling a Tennessee federal court that the employee failed to show the union mishandled his work grievance.

  • January 07, 2026

    4th Circ. Won't Revive Fired United Flight Attendant's Bias Suit

    The Fourth Circuit backed the dismissal of a Black ex-flight attendant's retaliation suit claiming United Airlines fired her for complaining that her boss teed her up for termination over her race and age, saying she failed to show a link between her complaints and her firing.

  • January 06, 2026

    Ex-EEOC Officials Decry Harassment Guidance Rollback

    A group of former top officials at the Equal Employment Opportunity Commission and U.S. Department of Labor on Tuesday issued a statement criticizing the Trump administration's proposed elimination of guidance on workplace harassment, saying it's an attack on the LGBTQ community and strays from U.S. Supreme Court precedent.

  • January 06, 2026

    4th Circ. Revives Black Ex-Baltimore Cop's Race Bias Suit

    A divided Fourth Circuit on Tuesday revived a Black former Baltimore police officer's suit alleging she was treated less favorably than non-Black officers by being pushed out, saying she offered adequate examples of other officers who received more leniency than she did for alleged misconduct for her race discrimination claim to survive.

  • January 06, 2026

    EEOC Gets Judge's Support For On-Site Visits In Bias Probe

    An Illinois federal judge recommended that the U.S. Equal Employment Opportunity Commission be allowed to conduct site visits at a packaging company the agency is probing for possible hiring bias, rejecting the company's claim that the visits would be too burdensome.

  • January 06, 2026

    Cruz Can't Avoid Firm Harassment Case Subpoena, Court Told

    A former staffer of Stone Hilton PLLC has asked a Texas federal court to compel responses from the office of U.S. Sen. Ted Cruz to a subpoena for information related to the staffer's sexual harassment case against a firm partner who worked for the senator.

  • January 06, 2026

    Staffing Co. Strikes $160K Deal In EEOC Medical Leave Suit

    An Austin, Texas-based staffing nonprofit will pay $160,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging it fired an employee after she requested unpaid medical leave to attend a mental health treatment program. 

  • January 06, 2026

    KFC Inks Deal To End EEOC Sex Harassment Probe

    KFC will pay $200,000 to end a U.S. Equal Employment Opportunity Commission investigation into claims that the company ignored sexual harassment at a Florida restaurant, the EEOC said Tuesday.

  • January 06, 2026

    6th Circ. Backs Nuclear Plant In Fired Worker's ADA Suit

    The Sixth Circuit upheld the dismissal of a suit from a former nuclear power plant worker who claimed he was fired for seeking fewer night shifts to manage his diabetes, saying he failed to discredit the company's position that he was fired for falsifying his time sheets.

  • January 05, 2026

    Kaiser Worker Fights To Keep Job Bias Suit Alive

    A San Francisco Bay Area employee urged a California federal judge to keep his amended lawsuit alleging that Kaiser Permanente denied his request to switch jobs because of his race, arguing that he has met the requirements needed to have his claims move forward.

  • January 05, 2026

    EEOC Would See Funding Drop Under New Spending Package

    Federal lawmakers unveiled a proposed spending package Monday that would cut about $20 million from the U.S. Equal Employment Opportunity Commission's budget, while also limiting the agency from conducting any further workforce changes without lawmaker approval.

  • January 05, 2026

    Atlanta Shouldn't Escape Age Bias Suit, Judge Says

    A suit from an ex-building inspector against the city of Atlanta alleging his boss denied him a promotion because of his age can continue, a federal judge said, finding that a jury needed to weigh his claim that his boss told him someone younger was wanted instead.

  • January 05, 2026

    2nd Circ. Gives Fired ConEd Atty New Shot At Bias Claim

    The Second Circuit revived Monday part of a former in-house Con Edison attorney's bias suit claiming she faced prejudice from her boss as an older woman, ruling the lower court may not have properly assessed a retaliation claim under New York City law's more liberal standards.

  • January 05, 2026

    Legal Asst., Law Firm Drop Claims In NM Pregnancy Bias Suit

    A New Mexico-based personal injury law firm and a legal assistant agreed to drop retaliation and defamation claims in her lawsuit alleging she was forced to resign after disclosing her pregnancy, according to a federal magistrate judge's order filed in federal court.

  • January 05, 2026

    Ex-CTA Worker Fights New Trial Ordered Over Jury Instruction

    A former Chicago Transit Authority employee who prevailed at trial last year on claims that he was unlawfully fired for refusing the COVID-19 vaccine on religious grounds is asking an Illinois federal judge to reconsider his decision to order a new trial, after the judge found he'd erred in instructing the jury.

  • January 05, 2026

    Ex-IBM Worker Fired At 61 Despite $7.8M In Sales, Court Told

    A 61-year-old former International Business Machines Corp. sales specialist who worked under multimillion-dollar quotas said his abrupt firing was motivated not by poor performance but by the company's systemic age bias, according to a lawsuit filed in North Carolina federal court.

  • January 05, 2026

    Mich. Construction Co. Seeks To Ax Worker's Race Bias Suit

    A Michigan construction company's decision to fire a union-represented worker was motivated entirely by the fact that he punched his co-worker, the company has told a Michigan federal judge in response to a discrimination suit, saying the worker's race didn't factor into the decision.

  • January 05, 2026

    Federal Workers Fight Gender-Affirming Coverage Rollback

    A group of federal employees has filed a discrimination complaint with the U.S. Office of Personnel Management, saying the decision to end coverage for certain gender-affirming medical procedures under the workers' health insurance plans amounted to unlawful sex bias.

  • January 02, 2026

    4 EEOC Developments As It Rings In 2026

    The U.S. Equal Employment Opportunity Commission has struck deals with two employers worth a combined $135,000 that ended probes into whether pregnant workers were illegally denied accommodations, and asked the White House to sign off on its rollback of a Biden-era workplace harassment guidance. Here, Law360 recaps four notable EEOC developments from 2025's final week.

  • January 02, 2026

    OPM Sets Tight Guardrails On Remote Work In New Guide

    The Trump administration issued new guidance on remote work for federal employees instructing agencies to create policies that ensure government workers are in their offices as much as possible, according to a resource issued by the U.S. Office of Personnel Management.

  • January 02, 2026

    8th Circ. Revives Free Speech Suit Over Equity Training

    An en banc Eighth Circuit panel reinstated a suit from two Missouri school district employees who said their free speech rights were violated through an equity training, after determining the workers could have faced an injury when they refrained from openly disagreeing with the session's teachings.

  • January 02, 2026

    Will Smith Accused Of Sex Harassment On Tour By Violinist

    A violinist has sued Will Smith and his touring company in California state court, alleging sexual harassment and wrongful termination stemming from an "intrusion" into his hotel room while on tour with the award-winning actor and musical performer. 

  • January 02, 2026

    Ex-Biden Wage Chief Tapped As Va. Labor Secretary

    Virginia's incoming Democratic governor has chosen a Biden administration-era U.S. Department of Labor appointee who previously led the agency's Wage and Hour Division to serve as the Old Dominion state's next secretary of labor.

Expert Analysis

  • Navigating Workplace AI When Federal, State Policies Clash

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    Two recent federal bills and various state laws concerning employers' artificial intelligence use may clash with an executive order calling for minimal regulation, so employers should proactively monitor their AI usage and stay apprised of legislative updates while awaiting further direction from the federal government, say attorneys at Foley & Lardner.

  • Employment Immigration Trends And Challenges For 2026

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    U.S. companies competing for global talent should brace for a turbulent 2026, with greater compliance burdens, higher costs and the probability of workforce disruptions at every stage of the immigration process, from visa petitions to work authorization renewals, say attorneys at Duane Morris.

  • Top 10 Employer Resolutions For 2026

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    Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Insuring Equality: 3 Tips To Preserve Coverage For DEI Claims

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    Directors and officers and employment practices liability are key coverages for policyholders to review as potentially responsive to the emerging liability threat of Trump's executive orders targeting corporate diversity, equity and inclusion policies and practices, says Micah Skidmore at Haynes Boone.

  • 6 Laws For Calif. Employers To Know In 2026

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    California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.

  • Where DEI Stands After The Federal Crackdown In 2025

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    The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.

  • 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.