News & Analysis as of August 3, 2025

Employee Rights

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Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +

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 7/14/2025

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

Ames v Ohio Department of Youth Services: SCOTUS Removes Additional Requirement in “Reverse Discrimination” Cases

Butler Snow LLP on 6/23/2025

In a decision issued June 5, 2025, the United States Supreme Court unanimously found that the burden of proof on a plaintiff asserting an employment discrimination claim is the same, regardless of whether the plaintiff is...more

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

Amundsen Davis LLC on 6/9/2025

Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...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

EEOC Issues Guidance on Sexual Orientation and Gender Identity Discrimination

Saul Ewing LLP on 7/9/2021

The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document for “Protections Against Employment Discrimination Based on Sexual Orientation or Gender Identity.” The document briefly...more

WPI State of the States: Major Bills Advance in September, With More on Deck for October

Littler on 10/3/2017

The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more

That is SO last week - July 2015 #4

Zelle LLP on 7/27/2015

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

Proskauer - Employee Benefits & Executive... on 6/26/2015

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

OSHA’s New Guidance on Transgender Restroom Access: What Employers Need to Know

Epstein Becker & Green on 6/15/2015

On June 1, 2015, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued guidance on the best practices for providing restroom access to transgender workers. The guidance’s core principle is...more

President Obama Signs Executive Order Barring Federal Contractors And Subcontractors From Discriminating Based On Sexual...

Laner Muchin, Ltd. on 8/12/2014

President Barack Obama amended Executive Order 11246 by prohibiting federal contractors and subcontractors from discriminating in employment decisions on the basis of sexual orientation or gender identity. ...more

ENDA Prevails in the Senate, but Will it End in the House?

Orrick - Employment Law and Litigation on 11/13/2013

On November 7, 2013, the U.S. Senate passed the Employment Non-Discrimination Act (“ENDA”), legislation that would prohibit workplace discrimination based on sexual orientation or gender identity. The ban would join similar...more

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