News & Analysis as of

Disparate Treatment Civil Rights Act Sex Discrimination

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

Foley & Lardner LLP

Supreme Court Clarifies Discrimination Test in Unanimous Decision

Foley & Lardner LLP on

On June 5, 2025, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services unanimously ruled that a plaintiff bringing an action for employment discrimination under Title VII of the Civil Rights Act is entitled to...more

DCI Consulting

EEOC Sends Letters to Law Firms Requesting Information on DEI Practices

DCI Consulting on

On March 17, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms, requesting information about their diversity, equity, and inclusion (DEI) related employment...more

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP on

In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Schwabe, Williamson & Wyatt PC

‎90-Day Stay Requested in Mid-America Milling Co. v. U.S. DOT

The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more

Jackson Lewis P.C.

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Jackson Lewis P.C. on

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

McAfee & Taft

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

ArentFox Schiff

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

ArentFox Schiff on

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

Polsinelli on

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

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