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Sexual Orientation Discrimination

Robinson+Cole Manufacturing Law Blog

EEOC Enforcement Activities Take Shape Under Second Trump Administration

The Equal Employment Opportunity Commission (EEOC) has been a regular topic of the flurry of executive orders issued by President Trump since his inauguration. Even before his return to the Oval Office, there was speculation...more

Fisher Phillips

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

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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

Benesch

Supreme Court Appears Poised to Do Away With Additional Burdens on Reverse-Discrimination Plaintiffs

Benesch on

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. OH Dept. of Youth Services, which questioned whether the Sixth Circuit Court of Appeals correctly decided that a heterosexual plaintiff should have...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

Seyfarth Shaw LLP

SCOTUS Argument Recap: Court Appears Likely to Eliminate Heightened Prima Facie Burden for Majority Group Plaintiffs Under Title...

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In a recent oral argument, the Justices seemed largely aligned with the plaintiff’s position that majority and historically disadvantaged groups should face the same prima facie test under Title VII....more

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

Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases

The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination....more

Husch Blackwell LLP

Supreme Court Poised to Strike Down Reverse Discrimination Standard

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On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that challenges the heightened evidentiary burden imposed on majority-group plaintiffs in Title VII...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

Berkshire

Trump Administration Sued A Second Time Over DEI-Related Executive Orders

Berkshire on

The Legal Defense Fund (LDF) and Lambda Legal has filed a federal lawsuit in the District of Columbia alleging that several of President Trump’s executive orders regarding “DEI” violate the Free Speech and Equal Protection...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

Patterson Belknap Webb & Tyler LLP

U.S. Department of Education Confirms It Will Enforce 2020 Title IX Rule and Regulations Following District Court Ruling and...

On January 9, 2025, a federal district court vacated a set of Title IX regulations and—at least for now—resolved the question of whether Title IX protects students from discrimination on the basis of gender identity and...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

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

Seward & Kissel LLP

Employment Litigation Roundup: January 2025

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Seventh Circuit upholds forfeiture-for-competition provision in restricted stock unit agreement - A Seventh Circuit panel, in LKQ Corporation v. Rutledge, held that an employer could enforce a “forfeiture-for-competition”...more

Foley & Lardner LLP

EEOC Retires Guidance Protecting LGBTQ Workers and Others From Discrimination, Continuing Rapid Remake of Federal Policy Through...

Foley & Lardner LLP on

As we have noted in recent days, upon returning to the Oval Office, the Trump Administration swiftly: Sent the message that it will pursue an agenda of aggressive enforcement related to immigration and preventing...more

Seyfarth Shaw LLP

EEOC Issues Annual Report, Faces Future in Flux

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On January 17, 2024, just days before the new presidential term began, the Equal Employment Opportunity Commission published its annual performance report for the preceding Fiscal Year 2024. The Report highlights a year...more

Spilman Thomas & Battle, PLLC

Ohio House Bill 8 – Parents’ Bill of Rights

Ohio recently passed House Bill 8, more commonly known and referred to as the “Parents’ Bill of Rights.” This Bill goes into effect on April 9, 2025. The Bill requires that no later than July 1, 2025, the Board of...more

Fisher Phillips

What Does the White House’s Executive Order on Gender + New EEOC Acting Chair Mean for Employers? 5 Key Takeaways

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A pair of back-to-back moves from the new Trump administration demonstrates a clear shift in the way the federal government will approach EEO and anti-bias laws over the course of the next several years. On his first day in...more

McGlinchey Stafford

Are Transgender and Non-Binary Employees Being Erased from Workplace Policies?

McGlinchey Stafford on

Due to growing awareness and diversity, equity, and inclusion (DEI) policies, the public has slowly begun to accept transgender individuals and those who do not identify as a man or a woman (non-binary). On his first day in...more

Franczek P.C.

2024 Title IX Final Rule and Regulations Vacated by Federal Judge

Franczek P.C. on

On Thursday, January 9, 2025, Judge John C. Reeves of the Eastern District of Kentucky issued an opinion and order vacating the Final Rule that implemented the 2024 Title IX Regulations. The decision by Judge Reeves has the...more

Ballard Spahr LLP

Federal Court Strikes Down Title IX Rule

Ballard Spahr LLP on

On January 9, 2025, a federal trial court in State of Tennessee, et al. v. Cardona vacated the Biden Administration’s overhaul of Title IX regulations. Although provisions of the Rule had already been temporarily blocked in...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

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A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more

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

U.S. Department of Education’s 2024 Title IX Final Rule Addressing Sex-Based Discrimination and Sexual Harassment Vacated

On January 9, 2025, in State of Tennessee v. Cardona, Civil Action No. 2:24-cv-072-DCR, the U.S. District Court for the Eastern District of Kentucky vacated the Title IX Final Rule that was issued by the U.S. Department of...more

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