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Employer Responsibilities Supreme Court of the United States Adverse Employment Action

Constangy, Brooks, Smith & Prophete, LLP

Mandatory referral to EAP may be "adverse action," court says

"Some harm" is all it takes. A federal appeals court found this week that requiring an employee to enter an Employee Assistance Program may be an “adverse employment action” under the federal anti-discrimination laws....more

Bodman

Supreme Court Eliminates “Background Circumstances” Test for Title VII Claims

Bodman on

In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more

Gray Reed

Supreme Court Increases Potential Employer Liability Under Title VII’s Discrimination Provisions

Gray Reed on

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, resolving a long-standing split among federal courts and clarifying the evidentiary standard for Title...more

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