News & Analysis as of

Civil Rights Act Summary Judgment Employment Discrimination

Herbert Smith Freehills Kramer

The Supreme Court rejects a heightened summary judgment standard for majority group plaintiffs in Title VII discrimination cases

On June 5, 2025, the U.S. Supreme Court unanimously ruled in Ames v Ohio Dept. of Youth Services that plaintiffs in the majority group within a protected class have the same burden of proof at summary judgment to demonstrate...more

Jackson Lewis P.C.

U.S. Supreme Court Reverses ‘Reverse’ Employment Discrimination Pleading Standard

Jackson Lewis P.C. on

On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning...more

Parker Poe Adams & Bernstein LLP

Supreme Court Rejects Challenge to McDonnell Douglas Discrimination Claims Analysis

Since 1973, federal courts reviewing claims of employment discrimination have used a framework first established by the U.S. Supreme Court’s McDonnell Douglas decision. Under this framework, plaintiffs must show a prima facie...more

Proskauer - Law and the Workplace

U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case

On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more

Constangy, Brooks, Smith & Prophete, LLP

A sneak peek at what a religious accommodation trial might look like for a guy who can't work Sundays

After the case went all the way to the U.S. Supreme Court, on January 30 a federal district court denied dueling motions for summary judgment filed by Postmaster General Louis DeJoy, the U.S. Postal Service, and former Postal...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Rivkin Radler LLP

The Employment Law Reporter

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Federal Court Rejects New York City Police Officer’s Employment Discrimination Action The U.S. District Court for the Southern District of New York has granted summary judgment to the defendants in an employment...more

Littler

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

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

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

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Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

Rumberger | Kirk

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

Rumberger | Kirk on

The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

Seyfarth Shaw LLP

Eighth Circuit: Employer May “Elaborate” On Explanation For Termination During Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eighth Circuit held that Title VII does not require an employer to provide an employee a reason for termination at the time of termination, and that an employer is not strictly...more

Littler

EEOC's Background Check Guidance Suffers Loss in Texas Federal Court

Littler on

On February 1, 2018, a federal judge enjoined the EEOC and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in...more

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