Same-race bias, unbalanced DEI training: 4 lessons from recent Title VII cases

During last week’s National Employment Law Institute briefing, attorneys touched on how employers have messed up — or been saved — by their understanding of the law.

By Emilie Shumway • March 16, 2026

Feds keep marijuana tests for workers despite Trump reclassification order

Several years of legalization efforts at the state level have enhanced compliance concerns for employers.

By Ryan Golden • March 16, 2026

Meet the former feds operating a ‘shadow’ EEOC

The group hopes to provide guidance to stakeholders “given the EEOC’s abdication of its responsibilities to do so,” said Jocelyn Samuels, former vice chair for the agency.

By Ginger Christ • March 16, 2026

‘Monitoring’ during meal breaks did not need compensation, 6th Circuit says

A security guard’s lawsuit was properly dismissed because it gave no indication of how often, if at all, monitoring the radio and responding to calls interrupted his breaks.

By Laurel Kalser • March 13, 2026

Lush agrees to settle gender identity bias lawsuit dropped by EEOC

The outcome demonstrates how similar cases may continue to live on in spite of the agency’s ideological shift.

By Ryan Golden • March 13, 2026

AI trailed DEI, immigration in 2025 compliance impact, employers say

The combination of regulatory and economic uncertainty prompted more than one-third of employers in a Littler survey to reduce headcount within the past year.

By Ryan Golden • March 12, 2026

Bravo, Warner Bros. can’t compel arbitration in former Real Housewives cast member lawsuit, judge orders

The defendants filed two motions to dismiss the claims and didn’t bring up arbitration for more than a year after the lawsuit was filed, the federal judge said.

By Ginger Christ • March 11, 2026

EEOC: Restaurant fired worker who had seizure to allow her to ‘focus on’ her health

The Americans with Disabilities Act prohibits discrimination against employees who are regarded as having a disability by their employers.

By Ryan Golden • March 11, 2026

EEOC agrees to pay $250K to settle staffer’s bias lawsuit against agency

The case drew attention due to the rarity of lawsuits alleging workplace discrimination against the commission, which enforces employment antidiscrimination laws.

By Ryan Golden • Updated March 12, 2026

If the Freedom of Conscience in the Workplace Act passes, what does that mean for Florida employers?

Florida’s HB 641, which targets gender identity in the workplace, puts employers between a rock and a hard place, attorneys suggest.

By Caroline Colvin • March 11, 2026

3rd Circuit revives White police officer’s case, applying recent SCOTUS ‘reverse bias’ ruling

Relying on Ames v. Ohio Department of Youth Services, the appeals court found a “background circumstances” rule used by New Jersey “no longer has a permissible role to play.”

By Emilie Shumway • March 10, 2026

6th Circuit shoots down NLRB’s Cemex standard

The appeals court sided with Brown-Forman Corp., Jack Daniels’ parent company, in nixing the landmark 2023 standard.

By Caroline Colvin • March 10, 2026

Unprofessional conduct, not FMLA retaliation, led to doctor’s suspension, 6th Circuit says

While leaders had allegedly complained about FMLA use at Meharry Medical College, the doctor could not connect the disciplinary action to this apparent frustration.

By Emilie Shumway • March 9, 2026

Workday plaintiffs submit amended complaint reupping physical disability and state-law bias claims

The filing is a response to a federal judge's partial dismissal earlier this month with leave to amend.

By Ryan Golden • Updated March 30, 2026

Honda agrees to $2.3M settlement in lawsuits tied to Kronos outage

The timekeeping software went offline following a ransomware attack, allegedly leading to wage and hour violations by numerous employers.

By Kate Tornone • March 9, 2026

Florida restaurant settles EEOC sexual harassment allegations

Despite witnessing the harassment, his partners failed to stop it and fired a server because she complained, the lawsuit alleged.

By Laurel Kalser • March 6, 2026

Duke misconduct probe’s timing may show retaliation, judge rules

Suspiciously close proximity between protected activity and an adverse employment action can support such a claim, the U.S. Equal Employment Opportunity Commission has said.

By Ryan Golden • March 6, 2026

Fired HR specialist wasn’t entitled to retroactive FMLA, 7th Circuit holds

The employee allegedly failed to comply with the employer’s call-out policy.

By Kate Tornone • March 4, 2026

NFL’s Commanders pay $1M to settle DC workplace harassment lawsuit

The multiyear saga featured public denials of the employees’ claims from executives of the team, which reportedly maintained an understaffed HR department.

By Ryan Golden • March 4, 2026

How should HR handle politics in the workplace?

When an employee’s political expression interferes with business operations, HR must know how to proceed, writes David Urban, senior counsel at Liebert Cassidy Whitmore.

By David Urban • March 4, 2026

Trump’s anti-DEI orders stand for now, but future challenges can’t be ruled out

The White House is emboldened to act “aggressively,” making it important for employers to audit their DEI programs, attorneys told HR Dive.

By Ryan Golden • March 4, 2026

10th Circuit: Pest and cleanliness issues — not age bias — caused Chipotle leader’s firing

A former field leader in New Mexico did not sufficiently present pretextual evidence that age factored into the company’s decision to terminate him, the court said.

By Emilie Shumway • March 3, 2026

Complying with customers’ race-based preferences violates Title VII, EEOC lawsuit warns

A Black certified nursing assistant for a Michigan home care company alleged she was not assigned certain patients because they “don’t care for Black people,” according to a complaint filed by the agency. 

By Laurel Kalser • March 2, 2026

Haribo gets jury win against employee it claimed stole company Mercedes-Benz

The dispute occurred after the plaintiff alleged race- and sex-based discrimination and asked for a “mutual separation” from the company.

By Ryan Golden • March 2, 2026

A flurry of federal compliance activity

In the past week alone, big news dropped from the U.S. Department of Labor, the National Labor Relations Board and the U.S. Equal Employment Opportunity Commission.

By Ginger Christ • March 2, 2026