Discrimination, Sex Discrimination

DOJ provides guidance on DEI and unlawful discrimination

Constangy, Brooks, Smith & Prophete, LLP on 8/1/2025

Better late than never. Six months after President Trump ordered the federal government to end “illegal DEI,” the U.S. Department of Justice issued a Memorandum providing guidance on diversity-related practices that it...more

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

Kelley Drye & Warren LLP on 7/21/2025

It was announced on July 7 that IBM had resolved a former consultant’s “reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

Employment Law Update: EEO-1 Employer Reporting Is Due June 24, 2025

Whiteford on 6/20/2025

Employers remain obligated to complete and submit their EEO-1 reports, even with the current administration’s aggressive reworking of the anti-discrimination landscape. Federal mandatory reporting requirements require private...more

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

K&L Gates LLP on 6/16/2025

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background...more

Dads-in-the-21st-century workplace quiz!

Constangy, Brooks, Smith & Prophete, LLP on 6/13/2025

Happy Father's Day weekend, y'all! How much do you know about dads in the workplace in our modern era? Take our quiz and find out! Since today is Friday the 13th, I’m going to make this quiz a hard one. But, as always, the...more

Ames v. Ohio Department of Youth Services

Cozen O'Connor on 6/10/2025

In a unanimous opinion, the Supreme Court of the United States announced that Title VII’s protections against discrimination do not require majority group individuals (including white people, men, and heterosexuals) to...more

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

Constangy, Brooks, Smith & Prophete, LLP on 6/6/2025

On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Bradley Arant Boult Cummings LLP on 4/25/2025

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on 3/24/2025

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

EEOC Investigates 20 Private Law Firms Questioning Their DEI-Related Employment Practices

Offit Kurman on 3/19/2025

On March 17, EEOC Acting Chair Andrea Lucas sent letters to 20 large law firms requesting information about their diversity, equity and inclusion (DEI) related employment practices. The letters express the EEOC’s suspicions...more

HHS OCR Investigates Medical Schools and Hospitals for Race- or Sex-Based Programs

McDermott Will & Emery on 3/12/2025

On March 7, 2025, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced that it would begin investigating four medical schools and hospitals pursuant to President Donald Trump’s...more

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

Benesch on 3/11/2025

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

Working Mothers: Workplace Travel Requirements Do Not Automatically Amount to Indirect Discrimination

Katten Muchin Rosenman LLP on 3/10/2025

Ms Perkins (the Claimant) was employed as head of Enforcement Local Taxation in the Helmshore office of MH Ltd’s enforcement company (the Company). The Company restructured its enforcement services so that work in Darlington,...more

Attorney General Pam Bondi’s Ending Illegal DEI and DEIA Discrimination and Preferences Memo

Sheppard Mullin Richter & Hampton LLP on 2/11/2025

On February 5, 2025, Attorney General Pam Bondi disseminated an internal memo within the Department of Justice (DOJ). The memo, Ending Illegal DEI and DEIA Discrimination and Preferences, explained that the DOJ’s Civil Rights...more

May Corporations Allocate Shares Based On Race, Gender, Or Ethnicity?

Allen Matkins on 2/11/2025

Last December, Bally’s Chicago, Inc., a Delaware corporation and indirect subsidiary of Bally’s Corporation filed a registration statement with the Securities and Exchange Commission to raise funds in connection with the...more

EEOC Acting Chair Issues Statement Announcing Commission's Plans to Remove Gender Ideology and Return to Mission of "Protecting...

K&L Gates LLP on 2/6/2025

On 28 January 2025, the Acting Chair of the Equal Employment Opportunity Commission (EEOC or Commission), Andrea Lucas (Acting Chair Lucas) issued a statement announcing that the Commission is returning to its “mission of...more

Trump Administration Set to Ban Transgender Girls and Women from Women’s Sports

Spilman Thomas & Battle, PLLC on 2/6/2025

On February 5, 2025, on National Girls and Women in Sports Day, President Trump is expected to sign an Executive Order called, “Keeping Men Out of Women’s Sports.” It is anticipated that there will be a signing ceremony with...more

EEOC Acting Chair Issues Statement on Gender Identity, Removes Guidance on Transgender Issues

Littler on 1/30/2025

On January 28, 2025, Andrea Lucas (R), the acting chair of the Equal Employment Opportunity Commission, issued a statement outlining her views on gender identity in the workplace, and listing a series of actions she has taken...more

Office For Civil Rights Vindicates Our Client; Finds Private University Violated His Title Ix Right To A Fair And Unbiased...

Clark Hill PLC on 1/29/2025

The U.S. Department of Education Office for Civil Rights (OCR) recently published a Letter and Resolution Agreement vindicating a male student we represented in a complaint against Notre Dame. As set forth in the published...more

Discrimination › Sex Discrimination