Discrimination

  • February 13, 2026

    3 Tips To Stop Office Romance From Causing Legal Heartache

    New statistics show about half of workers who've been in a workplace relationship kept it hidden from their employer, one of numerous challenges companies face in trying to mitigate legal risks that stem from office romances, experts say. As Valentine's Day passes, here are three tips to help ensure workplace relationships don't lead to litigation.

  • February 13, 2026

    'Bikini Barista' Owner Can't Nix Wash. AG's Wage, Bias Suit

    The owner of four Washington kiosks known as bikini barista coffee stands can't dodge the state attorney general's action accusing him of underpaying and discriminating against female workers, a King County Superior Court judge ruled Friday, rejecting the defendant's argument that the women themselves would have to sue.

  • February 13, 2026

    NY Forecast: 2nd Circ. Hears Ex-ConEd Worker's New Trial Bid

    This week, the Second Circuit will consider a former Con Edison worker's claim that a trial court improperly excluded evidence from trial that limited the amount of backpay that she was able to receive despite the jury finding the energy company retaliated against her.

  • February 13, 2026

    CSX Wants Quick 11th Circ. Appeal In Workers' FMLA Fight

    CSX Transportation Inc. is asking a Florida federal court to allow for an immediate appeal to the Eleventh Circuit of the denial of its bid to dismiss a former employee's medical leave claims, arguing that the ruling runs counter to what other appellate courts have said on this statute of limitations issue.

  • February 13, 2026

    Sex Bias In The Spotlight As EEOC Amps Up Amicus Program

    The U.S. Equal Employment Opportunity Commission's restored quorum has allowed it to reboot its dormant amicus program, and the commission submitted all three of its new briefs in cases where women alleged they were treated worse than their male co-workers. Here's a look at where the agency is directing its amicus efforts so far after a yearlong hiatus. 

  • February 13, 2026

    Health System Inks $450K Pact To End EEOC Suit Over Leave

    Pennsylvania-based healthcare system Geisinger Health and two related entities have agreed to pay $450,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit alleging the organization's leave policy bucked the Americans with Disabilities Act, according to settlement documents filed Friday.

  • February 13, 2026

    Bisexual Worker Can't Revive Harassment Suit At 6th Circ.

    The Sixth Circuit declined to reinstate a bisexual construction worker's harassment suit alleging that his coworkers called him homophobic slurs on the job, ruling the company can't be held liable because it responded swiftly when he took his complaints to human resources.

  • February 13, 2026

    Ex-Sysco Technician's Religious Bias, OT Suit Trimmed

    A former Sysco diesel technician and Christian preacher failed to support constructive discharge and overtime time claims in his suit alleging he was treated differently because of his religion and denied overtime, a North Carolina federal judge ruled, trimming those claims while also cutting certain claims for retaliation.

  • February 13, 2026

    NFL Found To Fumble Arbitration Over Bias, Must Go To Court

    A class of National Football League coaches will have their day in court after a New York federal judge on Friday denied the NFL its bid to force the coaches' discrimination claims into arbitration because it did not provide a fair and neutral arbitration forum.

  • February 13, 2026

    Single Use Of Slur Not Enough To Revisit Ex-Clerk's Bias Suit

    A former clerk in the Lycoming County, Pennsylvania, prosecutor's office failed to revive a suit claiming she was fired for reporting a coworker's use of a racial slur when a federal judge said Thursday she'd presented no evidence the slur was used more than once.

  • February 13, 2026

    Employment Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP snagged substantial management-side wins last year, including a decision from the Maryland Supreme Court ruling that the de minimis doctrine for federal wage and hours cases applies to state claims, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 13, 2026

    AARP Backs Disparate Impact Theory In AI Hiring Bias Suit

    The philanthropic arm of retiree advocacy group AARP wants a California federal judge to reject software provider Workday's bid to toss a suit claiming its artificial intelligence tools discriminated against job applicants, arguing that disparate impact claims are fair game under federal age bias law.

  • February 13, 2026

    Calif. Forecast: $12M Delta Wage Deal Up For Approval

    In the next two weeks, attorneys should keep an eye out for potential final approval of a $12 million deal to resolve a class action alleging Delta Air Lines failed to pay proper wages. Here's a look at that case and other labor and employment matters coming up in California.

  • February 13, 2026

    DOJ Suit Alleges Harvard Withholding Admissions Data

    The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.

  • February 13, 2026

    Mich. Hospital Strikes Deal To End EEOC Disability Bias Suit

    A Michigan hospital has agreed to pay $30,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming it illegally failed to accommodate a nurse's metabolic condition by refusing to transfer her to a less demanding role.

  • February 12, 2026

    6th Circ. Backs GM's Win In Fired Manager's Age Bias Suit

    The Sixth Circuit upheld the dismissal Thursday of a former General Motors manager's suit claiming he was fired out of age discrimination, ruling the ex-employee failed to show prejudice drove the decision because his replacement wasn't significantly younger than he was.

  • February 12, 2026

    Hegseth Blocked From Reducing Sen. Kelly's Navy Rank

    Sen. Mark Kelly, D-Ariz., secured a court order on Thursday blocking Defense Secretary Pete Hegseth from reducing his U.S. Navy rank after he told members of the military they don't have to follow unlawful orders.

  • February 12, 2026

    AT&T Senior Manager Alleges 'Abusive' Work Environment

    A senior manager for AT&T alleged in Colorado federal court that the telecommunications company subjected her to sexual harassment and racial discrimination, created an "abusive working environment" and retaliated against her for reporting the alleged conduct.

  • February 12, 2026

    Canadian Pacific Railway Beats Race, Disability Bias Suit

    An Illinois federal judge tossed a suit Thursday from a Black former worker for Canadian Pacific Railway who said he was illegally fired and had a disability accommodation request ignored, saying the railway's assertions that he slept on the job and allowed train malfunctions put his termination on solid ground.

  • February 12, 2026

    2nd Circ. Rejects EEOC's Bid To End 55-Year-Old Bias Case

    The Second Circuit on Thursday rejected the U.S. Equal Employment Opportunity Commission's bid to close the door on a more than half-century-old race discrimination case against a union and its affiliated apprenticeship program, upholding a lower court's determination that a proposed settlement in the case falls short.

  • February 12, 2026

    Employment Group Of The Year: The DeRubertis Law Firm

    The deRubertis Law Firm APC secured recent jury verdicts for workers in employment litigation, including nearly $35 million in a defamation suit and $27.5 million in a whistleblower case, earning the firm a spot among the 2025 Law360 Employment Groups of the Year.

  • February 12, 2026

    EEOC 'Tactical Adjustment' Expected After Law Firm DEI Push

    The U.S. Equal Employment Opportunity Commission's admission that its splashy probe into major law firms' diversity, equity and inclusion practices had no teeth signals a recalibration — but not a retreat — in its fight to root out what it deems as unlawful DEI, experts said.

  • February 12, 2026

    Feds Urge Balancing Return To Office With ADA Obligations

    The government should avoid requiring in-person work across the board for federal workers who have disabilities, but it doesn't necessarily have to let employees work from home either, the U.S. Equal Employment Opportunity Commission said in guidance clarifying when telework is appropriate.

  • February 11, 2026

    GM Can't Narrow Fired Manager's Race Bias Suit

    An Indiana federal judge on Wednesday refused to cut a race bias claim from a fired manager's suit against General Motors, finding he sufficiently backed up the claim under a civil rights law aimed at recipients of federal funding.

  • February 11, 2026

    Sheriff's Deputy's Firing Suit Tossed, His Atty Sanctioned

    A Georgia federal judge tossed a lawsuit Wednesday from a former Atlanta-area sheriff's deputy who claimed he was fired for supporting his boss' political opponent, while sanctioning the deputy's lawyer for citing nonexistent legal cases and misstating the law.

Expert Analysis

  • 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.

  • Viral 'Brewers Karen' Incident Teaches Employers To Act Fast

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    An attorney who was terminated after a viral video showed her threatening to call U.S. Immigration and Customs Enforcement on an opposing team's fan at a Milwaukee Brewers game underscores why employers must take prompt action when learning of viral incidents involving employees, says Joseph Myers at Mesidor.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • How Employers Should Reshape AI Use As Laws Evolve

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    As laws and regulations on the use of artificial intelligence in employment evolve, organizations can maximize the innovative benefits of workplace AI tools and mitigate their risks by following a few key strategies, including designing tools for auditability and piloting them in states with flexible rules, say attorneys at Cooley.

  • Workday Case Shows Auditing AI Hiring Tools Is Crucial

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    Following a California federal court's recent decisions in Mobley v. Workday signaling that both employers and vendors could be held liable for discriminatory outcomes from artificial intelligence hiring tools, companies should consider two rigorous auditing methods to detect and mitigate bias, says Hossein Borhani at Charles River Associates.

  • Pa. Court Reaffirms Deference To Workers' Comp Judges

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    In Prospect Medical Holdings v. Son, the Commonwealth Court of Pennsylvania reaffirmed that it will defer to workers' compensation judges on witness credibility, reminding employers that a successful challenge of a judge's determination must show that the determination was not supported by any evidence, says Keld Wenge at Pond Lehocky.

  • Personnel File Access Laws Pose New Risks For Employers

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    The state law trend toward expanding employee access to personnel files can have extensive consequences for employers, but companies can take proactive steps to avoid disputes and potential litigation based on such records, says Randi May at Tannenbaum Helpern.

  • Examining The Quietest EEOC Enforcement Year In A Decade

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    The U.S. Equal Employment Opportunity Commission filed the fewest merit lawsuits in a decade in fiscal year 2025, but recent litigation demonstrates its enforcement priorities, particularly surrounding the healthcare industry, the most active districts, and pregnancy- and religion-based claims, say attorneys at Seyfarth.

  • State Paid Leave Laws Are Changing Employer Obligations

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    A wave of new and expanded state laws covering paid family, medical and sick leave will test multistate compliance systems, marking a fundamental operational shift for employers that requires proactive planning, system modernization and policy alignment to manage simultaneous state and federal obligations, says Madjeen Garcon-Bonneau at PrestigePEO.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.