News & Analysis as of

Diversity and Inclusion Standards (D&I) Reverse Discrimination Anti-Discrimination Policies

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

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

Perkins Coie

June Tip of the Month: Supreme Court Decision Levels the Playing Field for “Reverse Discrimination” Claims

Perkins Coie on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that members of a majority group are not required to meet a heightened evidentiary standard to prevail...more

Hahn Loeser & Parks LLP

U.S. Northern District of California Grants Limited Preliminary Injunction of DEI-Related Executive Orders

On June 9, 2025, the U.S. District Court for the Northern District of California issued a preliminary injunction in San Francisco A.I.D.S. Foundation, et. al. v. Trump, 25-cv-01824-JST (N.D. Cal.), enjoining three of the nine...more

Cole Schotz

U.S. Supreme Court Issues Reversal for Title VII “Reverse Discrimination” Claims

Cole Schotz on

On June 5, 2025, in a 9-0 opinion, the United States Supreme Court ruled in Ames v. Ohio Dept. of Youth Services that members of a “majority group” do not have to satisfy a heightened evidentiary standard to prevail on a...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

Rumberger | Kirk

U.S. Supreme Court Denies Heightened Standard in “Reverse Discrimination” Claims

Rumberger | Kirk on

A recent Supreme Court decision is reshaping how employers must think about workplace discrimination—confirming that all employees, majority or minority, are held to the same legal standard under Title VII. This shift could...more

Adams & Reese

U.S. Supreme Court Opens the Door for Reverse Discrimination Claims

Adams & Reese on

When I think of employment discrimination, I generally think of someone in a traditional majority group (e.g., white or male) firing someone in a minority group (e.g., African American or female) because of sex or race. But...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

Gould + Ratner LLP

Ames Analysis: Reverse Discrimination Reversed

Gould + Ratner LLP on

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, striking down the “background circumstances” requirement in so-called “reverse discrimination” cases. The Court held...more

Jackson Lewis P.C.

DOJ Civil Rights Fraud Initiative Ups FCA Risks for Federal Fund Recipients Employing Unlawful DEI Programs

Jackson Lewis P.C. on

U.S. Deputy Attorney General Todd Blanche issued a memorandum introducing the “Civil Rights Fraud Initiative” on May 19, 2025. The memorandum directs all Department of Justice (DOJ) attorneys to use the False Claims Act (FCA)...more

Husch Blackwell LLP

DE&I Rollbacks: Are Banks in the Crosshairs?

Husch Blackwell LLP on

In January 2025, the new Trump administration issued Executive Order 14173, which ordered all executive departments and agencies to, among other things, end federal “diversity, equity, and inclusion” (DEI) programs and to use...more

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Constangy, Brooks, Smith & Prophete, LLP

DOJ announces Civil Rights Fraud Initiative

Feds continue to focus on contractors’ DEI programs. Deputy U.S. Attorney General Todd Blanche issued a Memorandum on May 19 advising recipients of federal funds that the federal government intends to vigorously enforce...more

McNees Wallace & Nurick LLC

Understanding the EEOC’s Guidance on DEI-Related Discrimination in the Workplace

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a technical assistance document titled, “What You Should Know About DEI-Related Discrimination at Work.”  The document is comprised of a...more

Constangy, Brooks, Smith & Prophete, LLP

What to do about DEI? Former EEOC officials weigh in

On March 19, Andrea Lucas (Republican appointee), Acting Chair of the U.S. Equal Employment Opportunity Commission, released a document titled, “What You Should Know About DEI-Related Discrimination at Work,” offering...more

Stradling Yocca Carlson & Rauth

DEI Scrutiny Leads to New Advice: The EEOC Issues Updated DEI Guidance

On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance regarding DEI: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About...more

Gould + Ratner LLP

EEOC Breaks Silence on Employer DEI Policies

Gould + Ratner LLP on

After months of uncertainty over what aspect of employer DEI (or diversity, equity and inclusion) policies could be discriminatory, the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ)...more

Conn Maciel Carey LLP

EEOC Shifts Focus to “DEI-Related Discrimination”: What It Means for Title VII Enforcement

Conn Maciel Carey LLP on

The EEOC has recently issued new guidance signaling a marked shift in its enforcement priorities: a heightened focus on “diversity, equity, and inclusion-related discrimination.” While the foundational legal framework of...more

McCarter & English, LLP

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment...more

Vedder Price

EEOC Technical Guidance Warns Against DEI-Related Discrimination at Work

Vedder Price on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance guidance documents (found here and here) focused on educating “the public about how well-established civil rights...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Fox Rothschild LLP

Trump Transforms Equal Employment Opportunity Commission

Fox Rothschild LLP on

In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

Kelley Drye & Warren LLP

[Webinar] Trump Reframes the EEO Agenda: What Does It Mean for Your Business? - January 30th, 12:30 pm - 1:30 pm EST

Join Kelley Drye for an insightful webinar, "Trump Reframes the EEO Agenda: What Does It Mean for Your Business?" This session will explore the impact of the Trump administration’s new direction on DEI, gender identity,...more

Cozen O'Connor

Democratic AGs Pen Letter Opposing Walmart’s Decision to End Diversity Initiatives

Cozen O'Connor on

A group of 13 Democratic AGs wrote a letter to Walmart’s President and CEO expressing concern about Walmart’s announcement that it will end certain aspects of its diversity, equity, and inclusion (DEI) initiatives....more

26 Results
 / 
View per page
Page: of 2

"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