Third Circuit Nixes NJ ‘Majority’ Worker Discrimination Test (1)

March 6, 2026, 6:15 PM UTCUpdated: March 6, 2026, 7:20 PM UTC

State employment litigation laws can’t impose higher burdens on White workers seeking to bring discrimination cases against their bosses, the Third Circuit ruled Friday.

New Jersey’s “background circumstances” test requiring “majority” workers to bring more facts to sue for racial discrimination violates the US Constitution, the three-judge panel ruled.

Federal and state laws “extend protections to ‘any'—and therefore, all—individuals. The language applies regardless of supposed membership in a majority or minority group,” said Judge Emil Bove, writing for the unanimous court.

The decision makes it easier for White workers to sue their employers when they don’t have direct evidence ...

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