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High Court Eliminates “Background Circumstances” as a Requirement in “Reverse Discrimination” Cases

On June 5, 2025, the Supreme Court in Ames v. Ohio Department of Youth Services unanimously struck down the Sixth Circuit’s “background circumstances” rule, which had required majority-group plaintiffs to meet a heightened...more

High Court to Review Standard Applied to “Reverse Discrimination” Cases

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required

On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII.  In so ruling, the Court rejected a level of proof as to harm that many...more

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

U.S. Supreme Court Strikes Down Race-Conscious Admissions – What Does it Mean for Employers?

On June 29, 2023, the United States Supreme Court ruled that race-conscious admissions practices at Harvard College and the University of North Carolina, which are generally similar to how numerous other higher education...more

IE&D Hot Topics for Employers: Looking Back at 2022 and Preparing for 2023

In the past few years, the global trend towards prioritizing inclusion, equity, and diversity (IE&D) has inspired and challenged employers in every industry. On the one hand, there is a significant business case for IE&D...more

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