United States: Discrimination, Disability & Sexual Harassment

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Security-Clearance Decisions And Employment Claims In The Space And Defense Sectors: Where Courts Draw The Line
Many space and defense jobs require a federal security clearance. If the government denies, delays, or revokes a clearance, an employee may be unable to continue in that role; the employer may reassign or terminate the employee. If the cleared individual is an officer of the company, revocation could jeopardize the company’s eligibility to perform cleared work. A subsequent employment claim may allege discrimination or retaliation in the clearance process or in the employer’s response.
United States Employment
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Greenberg Traurig, LLP
Video
Making An Impact: Pro Bono Cases That Have Stuck With Us (Video)
Lowenstein attorneys and business services professionals share powerful stories of pro bono work that transformed lives and communities. From representing transgender women in federal prisons to helping clients navigate immigration, civil rights, and domestic violence cases, these legal advocates reveal the profound personal and professional impact of providing access to justice for those who need it most.
United States Government
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Lowenstein Sandler
Article
Big Agenda, Small Docket: Decoding The EEOC’s Surprisingly Muted FY 2026
The EEOC filed only 97 merit lawsuits in fiscal year 2026, marking another year of historically low litigation activity despite regaining its quorum and new leadership under Chair Andrea Lucas. While overall filing numbers remained subdued, the composition reveals a strategic shift toward religious discrimination claims, pregnancy-related litigation, and majority-group discrimination cases that align with the Trump Administration's enforcement priorities.
United States Employment
SS
Seyfarth Shaw LLP
Video
Why Are Deepfakes A Workplace Concern? (Video)
Deepfakes have surged by over 900% annually, with creation costs dropping to just a few dollars and the vast majority targeting women with non-consensual intimate images. A recent LAPD case resulted in a $4 million jury award after a captain experienced sexual harassment from a circulated topless photo that wasn't even of her—demonstrating that employer liability extends to deepfakes regardless of authenticity.
United States Employment
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Littler - Canada
Article
IRS Proposes New Racial Nondiscrimination Regulations For Tax-exempt Private Schools
The US Treasury and IRS have proposed regulations that would eliminate longstanding exceptions allowing tax-exempt private schools to maintain race-conscious admissions and scholarship policies. Following the Supreme Court's decision in Students for Fair Admissions v. Harvard, these rules would apply to all private educational institutions, including K-12 schools not directly affected by that ruling, and could result in loss of tax-exempt status for noncompliance.
United States Tax
SR
McDermott Will & Schulte
Podcast
We Get Contracting: Episode 4 — Despite Dramatic Changes, Affirmative Action Obligations Still Exist (Podcast)
Federal contractors face evolving affirmative action obligations as OFCCP eliminates disability data collection requirements while maintaining veteran reporting mandates. Employment law experts examine the regulatory changes taking effect September 21st and outline critical compliance steps contractors must take to navigate the shifting landscape of workplace diversity obligations.
United States Employment
JL
Jackson Lewis P.C.
Article
The Class Action Weekly Wire – Episode 166: Job Applicants Seek Class Certification In Mobley v. Workday AI Bias Suit (Podcast)
A landmark class action lawsuit challenges Workday's AI-powered recruiting tools, alleging they systematically discriminate against job applicants based on race, gender, age, and disability. The plaintiffs' sweeping motion for class certification seeks to prove that algorithmic screening systems produce measurable disparities across thousands of employers, potentially reshaping how courts evaluate AI-driven employment decisions. Will the court accept that one AI engine creates common questions, or will indi
United States Employment
DM
Duane Morris LLP
Article
GAO Calls For Renewed Oversight Of Federal Contractors’ Disability Employment Obligations
The Government Accountability Office has issued a report urging the Department of Labor to strengthen oversight of federal contractors' compliance with Section 503 of the Rehabilitation Act, despite DOL's suspension of audits and certifications in 2025. The report reveals that 532 audits conducted between 2017 and 2025 found violations, raising concerns about reduced assurance of contractor compliance with disability employment obligations.
United States Employment
JL
Jackson Lewis P.C.
Article
Second Circuit Holds That One Harassment Claim Can Keep The Entire Lawsuit Out Of Arbitration Under The EFAA
On September 30, 2026, the Second Circuit (covering New York, Connecticut, and Vermont) held that when an employee’s lawsuit includes a sexual harassment or sexual assault claim covered by the Ending Forced Arbitration Act (EFAA), the employee may choose to litigate the entire lawsuit in court, including unrelated claims that would otherwise go to arbitration. Diaz-Roa v. Hermes Law, PC (2d Cir. 2026).
United States Employment
FH
Ford & Harrison LLP
Article
What NOT To Do When Firing An Employee Who Has Accused The Employer Of Unlawful Discrimination
A federal appeals court ruling demonstrates how an employer's well-intentioned transition plan for a departing employee became evidence of unlawful retaliation after the employee raised discrimination concerns. The case reveals critical missteps that transformed a seemingly amicable separation into costly litigation, offering essential lessons about what not to do when an employee makes protected complaints.
United States Employment
Wa
Ward and Smith, P.A.
Article
The Cost Of Failure To Accommodate Under The Pregnant Workers Fairness Act
The Equal Employment Opportunity Commission continues to pursue enforcement actions under the Pregnant Workers Fairness Act, with recent settlements demonstrating costly consequences for employers who fail to properly evaluate pregnancy-related accommodation requests. A Kentucky case involving a pregnant assembly worker highlights critical compliance mistakes that employers must avoid when responding to workplace accommodation needs.
United States Employment
WG
Wilentz, Goldman & Spitzer
Article
OFCCP's New Section 503 Final Rule: What The End Of Disability Self-Identification Means For Federal Contractors
The U.S. Department of Labor's OFCCP has published a final rule that fundamentally transforms federal contractors' disability-related affirmative action obligations under Section 503 of the Rehabilitation Act. This rule eliminates the longstanding self-identification requirements, rescinds Form CC-305, and removes the 7% utilization goal that has been central to compliance programs since 2013. Federal contractors must now navigate a new compliance landscape while maintaining their affirmative action and non
United States Employment
JL
Jackson Lewis P.C.
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United States Employment
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Littler - Canada
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