News & Analysis as of

Civil Rights Act Supreme Court of the United States Equal Employment Opportunity Commission (EEOC)

Vedder Price

EEOC Technical Guidance Warns Against DEI-Related Discrimination at Work

Vedder Price on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance guidance documents (found here and here) focused on educating “the public about how well-established civil rights...more

Ice Miller

Employers Take Note: The “Background Circumstances” Rule in Reverse Discrimination Cases May Soon be a Thing of the Past

Ice Miller on

On February 26, 2025, the Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, which is a case that will determine whether a plaintiff bringing a so-called reverse discrimination claim (where, for...more

Fisher Phillips

SCOTUS Predictions: Court Will Make It Easier for Majority-Group Plaintiffs to Assert Title VII Claims, No More “Reverse”...

Fisher Phillips on

The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of the United States Poised to Clarify Standard in Discrimination Claims

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could alter the legal landscape for employment discrimination claims under Title VII of the Civil...more

Offit Kurman

Examining the US Supreme Court’s “Reverse Discrimination” Case: Fueling the DEI Fight

Offit Kurman on

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services. This case that could significantly impact the standards for proving employment discrimination claims under Title...more

Whiteford

Employment Law Update: Supreme Court Hears Argument on Reverse Discrimination Claim with Implications for DEI

Whiteford on

Just as employers are reconsidering their approach to DEI and the myriad of potential risks such policies could present under current administration enforcement priorities, the Supreme Court recently heard arguments in a case...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to clarify legal standard for “reverse” bias claims

On February 26, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case involving the appropriate standard for plaintiffs in a “reverse” discrimination case. Marlean Ames sued the...more

Proskauer - Law and the Workplace

U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case

On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more

Vinson & Elkins LLP

Supreme Court Signals it Will Reject Heightened Burden for Majority Group Plaintiffs in “Reverse Discrimination” Employment Claims

Vinson & Elkins LLP on

On February 26, 2025, the Supreme Court and all three counsel appearing before it in Ames v. Ohio Department of Youth Services, appeared to walk away in “radical agreement” — as noted by Justice Neil Gorsuch — that a...more

Whiteford

Employment Law Update: What Employers and Educational Institutions Need to Know about the Attorney General’s February 5th Memo on...

Whiteford on

On February 5, 2025, the U.S. Attorney General (“AG”) Pam Bondi issued a memorandum to all Justice Department employees titled “Ending Illegal DEI and DEIA Discrimination and Preferences,” outlining the Department of...more

Davis Wright Tremaine LLP

New Administration Outlook: Guidance for Employers Amid the Attack on LGBTQ Workers

President Trump's orders targeting "woke gender ideology" do not change existing employment protections for LGBTQ employees, though threats to federal funding remain ambiguous. Title VII of the Civil Rights Act and many...more

FordHarrison

Pam Bondi's Memo to DOJ on DEI: What it Means for Private Employers

FordHarrison on

On February 5, 2025, newly confirmed U.S. Attorney General Pam Bondi issued a memo to all U.S. Department of Justice Departments targeting private employers’ use of DEI initiatives.  The memo is titled “Ending Illegal DEI and...more

Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

Holland & Knight LLP

Executive Order: Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government

Holland & Knight LLP on

Date Issued: Jan. 20, 2025 This executive order directs federal agencies and federal employees to interpret "sex" solely as an immutable binary biological classification determined at conception. The order also requires...more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Offit Kurman

Defending Women from Gender Ideology an Individual’s Sex Is Not a Simple Matter

Offit Kurman on

On January 20, 2025, President Donald Trump issued the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive mandates that all federal...more

Sheppard Mullin Richter & Hampton LLP

Analyzing President Trump’s “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal...

On January 20, 2025, President Trump issued an Executive Order titled, “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government” (the “EO”). The EO declares that “[i]t is the...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

Rumberger | Kirk on

“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Best Best & Krieger LLP

Presidential Executive Orders and The Workplace

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible...more

Jackson Lewis P.C.

U.S. Supreme Court Urged to Extend ADA Protections to Former Employees

Jackson Lewis P.C. on

The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in Stanley v. City of Sanford (No. 23-997), which addresses whether former employees have a right to sue their former employer under the Americans with...more

McAfee & Taft

Trump redefines ‘sex’ in executive order

McAfee & Taft on

Within hours of taking office for a second term, President Trump issued a flurry of executive orders and actions on topics ranging from immigration and climate change to revoking DEI mandates. While many of these actions are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Hears Discrimination Case Involving Retiree Benefits

The Supreme Court of the United States recently heard oral arguments in a case that could broadly impact employers’ retiree benefits and liability under the Americans with Disabilities Act (ADA). The court will decide whether...more

Proskauer - Law and the Workplace

President Trump Issues Sweeping Executive Orders Aimed at DEI

In his inaugural address on Monday, January 20, 2025, President Trump declared, “We will forge a society that is colorblind and merit-based.” In the days that followed, President Trump has proceeded to issue a series of...more

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