News & Analysis as of

Affirmative Action Appeals

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

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On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Harris Beach Murtha PLLC

SCOTUS Rejects Heightened Standard for Title VII Majority Group

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet...more

Arnall Golden Gregory LLP

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court of the United States unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not...more

Berkshire

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

Berkshire on

The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for...more

McAfee & Taft

Reverse discrimination claims boosted by Supreme Court

McAfee & Taft on

Just today, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to bring a disparate treatment claim under Title VII.  While the majority of appeals courts in the...more

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

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

On February 26, 2025, the Wisconsin Court of Appeals, District II, determined that a program that provided taxpayer-funded educational grants to financially needy students of specific racial, national origin, and ancestry...more

Proskauer - Labor Relations Update

Third Circuit Brews a Limit on NLRB’s Remedial Authority

On December 27, 2024, the United States Court of Appeals for the Third Circuit (“the Third Circuit” or “the court”) vacated a portion of an NLRB (“the Board”) order requiring Starbucks to compensate two allegedly wrongfully...more

Mintz - Employment Viewpoints

SCOTUS Takes Up Reverse Discrimination Framework Under Title VII

The U.S. Supreme Court recently granted cert in a hotly contested case addressing the standards of proof applicable to reverse discrimination claims under Title VII. The case comes on the heels of the court’s decision last...more

Freiberger Haber LLP

The Appellate Division, Second Department, Holds that Banking Law 6-l is a Personal Defense that Can Only be asserted by the...

Freiberger Haber LLP on

By: Jonathan H. Freiberger As readers of this BLOG know, we frequently write about issues relating to mortgage foreclosure. We have also written numerous articles relating to the recently enacted FAPA... ...more

Akin Gump Strauss Hauer & Feld LLP

Reviewing the 2022 SCOTUS Term

In this special episode, Akin Supreme Court and appellate practice head Pratik Shah and partner Aileen McGrath look back at the tumultuous 2022 Supreme Court Term....more

Davis Wright Tremaine LLP

SBA Temporarily Halts New 8(a) Applications in Wake of Federal Court Decision

The Small Business Administration (SBA) has temporarily suspended new applications to the 8(a) Business Development Program while it revises the application questionnaire in light of the recent decision from the District...more

Faegre Drinker Biddle & Reath LLP

Indiana Court of Appeals Holds Product Misuse Unforeseeable in Light of Product Warnings, Reverses Denial of Summary Judgment

Key Takeaway: In Superior Oil Company, Inc. v. Labno-Fritchley, 207 N.E.3d 456 (Ind. Ct. App. 2023), the Indiana Court of Appeals reversed a trial court’s denial of summary judgment in a product liability case. The court...more

BCLP

HR Two Minute Monthly: positive discrimination; suspending employees; maternity leave

BCLP on

Our April update covers recent developments in employment law, including cases on lawful grounds for suspending employees, communicating with women on maternity leave and a novel case on the limits of lawful positive...more

Holland & Knight LLP

Office for Civil Rights Changes its Complaint Processing Manual Again

Holland & Knight LLP on

The U.S. Department of Education's Office for Civil Rights (OCR) has revised its Case Processing Manual (commonly referred to as the CPM) yet again. The changes to the CPM, which follow closely behind the Department's release...more

Snell & Wilmer

Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

Snell & Wilmer on

Lenders routinely accelerate notes after a default occurs, calling the entire loan due immediately. Less regularly, a lender may change its mind and unilaterally revoke the acceleration. Rarely, however, does a lender fail to...more

Fisher Phillips

August 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. August was no...more

Fisher Phillips

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

Fisher Phillips on

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

Parker Poe Adams & Bernstein LLP

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

Parker Poe Adams & Bernstein LLP

D.C. Circuit Upholds OFCCP's Disability Affirmative Action Rules

Last year, the Department of Labor’s Office of Federal Contract Compliance Programs issued final regulations requiring that federal contractors subject to Section 503 of the Rehabilitation Act adopt new measures intended to...more

Foley Hoag LLP

Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Foley Hoag LLP on

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at...more

Davis Wright Tremaine LLP

Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or...more

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