Employers usually picture depositions and performance records when they think about defending an employment lawsuit — not procedure. But some of the most effective defenses never reach the merits at all. A recent 6th U.S. Circuit Court of Appeals decision, Barnett-Morgan v. Inverness Technologies, Inc., is a good reminder that procedural defenses are worthy
On June 29, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind two policy documents laying out steps employers can take to increase representation of historically marginalized groups in the workplace (i.e., affirmative action). The two documents are the EEOC’s “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964
On May 5, 2026, the EEOC filed suit against the New York Times (NYT) in the Southern District of New York for engaging in DEI-related discrimination. The lawsuit alleges that the NYT violated Title VII of the Civil Rights Act when it passed over a white male employee for a promotion to deputy real estate
In a recent decision, the U.S. Court of Appeals for the Fifth Circuit reaffirmed a familiar — but increasingly debated — principle in employment discrimination law: Plaintiffs proceeding under the McDonnell Douglas framework must identify a similarly situated comparator outside their protected class who was treated more favorably to survive summary judgment (Bravo v.
On May 28, 2026, the Eleventh Circuit issued an opinion in Khatabi v. Car Auto Holdings, LLC, holding, in relevant part, that an employer waived its ability to request a damages cap under Title VII based on its smaller size because it failed to plead the size damages cap as an affirmative defense.
In
As summer approaches, many organizations welcome interns and host a variety of social events, including happy hours, outings, and team-building activities. While these programs can boost morale and provide valuable networking opportunities, they also introduce additional workplace risks, particularly when alcohol, power dynamics, and inclusion concerns intersect. For employers with summer interns, thoughtful planning can
In the midst of the COVID-19 pandemic in 2020, many employers received more religious accommodation requests than ever before, with employees citing religious beliefs in support of requests to be excused from mandatory vaccination requirements. Once such requirements ended, religious accommodation issues largely faded into the background for most employers, and accommodation requests under the
According to a February 27, 2026, 2-1 decision by the U.S. Equal Employment Opportunity Commission (EEOC) in Selina S. v. Dep’t of the Army, the EEOC determined that it does not constitute sex discrimination for federal agencies to prohibit transgender employees from using bathrooms, locker rooms, and other intimate spaces that correspond with their
In a case of first impression, the Sixth Circuit Court of Appeals held on February 25, 2026, that all claims in a sexual harassment case are prohibited from going to arbitration, not just the sexual harassment claim.
This decision means that employers will not be able to compel arbitration of other employment claims when there
On January 19, 2026, Texas Attorney General Ken Paxton issued a blistering 74-page advisory opinion asserting the unconstitutionality of many common diversity, equity, and inclusion (DEI) initiatives in both the public and private sectors. While the opinion at times veers more towards policy signaling than fresh legal analysis, employers should take note, especially where it