News & Analysis as of

Civil Rights Act Employer Liability Issues Supreme Court of the United States

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

Conn Maciel Carey LLP on

Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Jackson Lewis P.C.

Timing Is Everything: SCOTUS Shuts Down Retiree’s ADA Post-Employment Benefits Claim

Jackson Lewis P.C. on

Do former employees have the right to sue their previous employer under Title I of the Americans with Disabilities Act (ADA) for discrimination in the administration of post-employment fringe benefits? Resolving a circuit...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

Troutman Pepper Locke on

The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Troutman Pepper Locke

Supreme Court Strikes Down Sixth Circuit Rule Heightening Discrimination Standard for Members of Majority Groups

Troutman Pepper Locke on

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more

Venable LLP

The Supreme Court Says Employers Can Be Liable for Discriminating Against Majority Groups

Venable LLP on

Earlier this month, in a long-awaited ruling, the U.S. Supreme Court sided with a straight white woman who claimed to have lost out on two positions to LGBT candidates and was also demoted in favor of them. ...more

Quarles & Brady LLP

Supreme Court Clarifies Standard for Reverse Discrimination Suits Under Title VII

Quarles & Brady LLP on

In a unanimous decision authored by Justice Ketanji Brown Jackson, the Supreme Court last Thursday held that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes no additional requirements on majority-group...more

Gordon Rees Scully Mansukhani

SCOTUS Unanimously Rejects Heightened Burden for Majority-Group Discrimination Claims

On June 5, 2025, the U.S. Supreme Court unanimously ruled in favor of petitioner, Marlean Ames, a heterosexual woman, who commenced a reverse discrimination case against her former employer, the Ohio Department of Youth...more

Husch Blackwell LLP

U.S. Supreme Court Unanimously Rejects Heightened Standard for "Reverse Discrimination" Claims

Husch Blackwell LLP on

On June 5, 2025, in Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously rejected the “background circumstances” test previously applied by several federal circuits in “reverse discrimination” cases....more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...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

Perkins Coie

Divided Ninth Circuit Panel Upholds NLRB’s Enhanced Remedial Powers

Perkins Coie on

In IUOE, Local 39 v. National Labor Relations Board, No. 23-124, No. 23-150, 23-188, a U.S. Court of Appeals for the Ninth Circuit panel issued a 2-1 ruling on January 21, 2025, enforcing a National Labor Relations Board...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

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

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

Butler Snow LLP on

In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employers’ DEI Initiatives Are Likely To Be Targeted in the Second Trump Administration

Key Points - - Employers can expect their DEI programs to face resistance from both the federal government and private parties during President-elect Trump’s second term, emboldened in part by recent Supreme Court...more

Lathrop GPM

Title VII & Lateral Transfers - Treacherous Territory after United States Supreme Court Ruling

Lathrop GPM on

The United States Supreme Court recently settled a circuit split concerning when an involuntary lateral transfer may violate Title VII of the Civil Rights Act of 1964. The Court’s opinion in Muldrow v. City of St. Louis...more

Butler Snow LLP

Discriminatory or Just Cheap? Eleventh Circuit Panel Rules that Employer-Sponsored Health Plans Must Cover Gender-Affirming Care;...

Butler Snow LLP on

In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more

PilieroMazza PLLC

Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases

PilieroMazza PLLC on

In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Perkins Coie

June Tip of the Month: Updated EEOC Guidance Enhances Gender Identity and Sexual Orientation Protections

Perkins Coie on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

Polsinelli on

In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Troutman Pepper Locke

High Court Update: Recent US Supreme Court Rulings Employers Should Know About

Troutman Pepper Locke on

Thus far, 2024 has been a whirlwind of new employment rules, statutes, guidance, and decisions for employers to grapple with and account for in their businesses. Among these decisions are a handful of rulings from the Supreme...more

380 Results
 / 
View per page
Page: of 16

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide