News & Analysis as of

Reverse Discrimination Civil Rights Act

Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more

Parker Poe Adams & Bernstein LLP

Mandatory Unconscious Bias Training Did Not Violate Title VII

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

Jackson Lewis P.C.

Gender Identity Protections: Transgender Harassment, Reverse Discrimination Cases Allowed by Courts

Jackson Lewis P.C. on

Two cases show that courts consider alleged harassment or discrimination based on transgender or cisgender status to be colorable under Title VII of the Civil Rights Act. Vacating summary judgment for the employer, a federal...more

Husch Blackwell LLP

10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

Husch Blackwell LLP on

Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

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

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

Benesch

Sixth Circuit Requires Additional “Background Circumstances” Evidence for Heterosexual Plaintiffs Seeking to Prove Reverse Sexual...

Benesch on

Earlier this month, the U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a sexual orientation discrimination claim brought by a heterosexual woman who was removed from her position and denied a promotion in...more

Husch Blackwell LLP

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

Husch Blackwell LLP on

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

Seyfarth Shaw LLP

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Jackson Lewis P.C.

Rejecting Reverse Racial Discrimination Claim, Seventh Circuit Reminds Employers of Best Practices

Jackson Lewis P.C. on

In a case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the U.S. Court of Appeals for the Seventh Circuit provided guidance on measures employers can take to avoid liability for reverse...more

Seyfarth Shaw LLP

Google: Demonstrating The Hazards Of Employment Discrimination From Every Angle

Seyfarth Shaw LLP on

Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Littler

Company Practices "Onionhead" – Employees Cry Reverse Religious Discrimination

Littler on

A New York federal court recently sided with the Equal Employment Opportunity Commission (“EEOC”) as to whether a company’s internal conflict-resolution program was religious in nature. Because the program—called...more

Zelle  LLP

Employment Law Navigator – Week in Review: February 2016 #2

Zelle LLP on

We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more

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