News & Analysis as of

Employer Responsibilities Title VII Employee Rights

McAfee & Taft

Will expanded freedom of religious expression lead to increased tension in the workplace?

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On July 28, 2025, the Trump administration issued a memorandum to all heads and acting heads of federal government departments and agencies entitled “Protection Religious Expression in the Federal Workplace.” The memo...more

Steptoe & Johnson PLLC

Evaluating the Employee Evaluation Process: There’s No Time Like the Present!

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Now is a good time to re-evaluate your company’s employee evaluation process in light of the prevalence of remote work and a U.S. Supreme Court decision lowering the requirements for employees to succeed on certain...more

BakerHostetler

The Supreme Court ‘Ames’ to Clarify that All Discrimination Claims Must Be Treated Equally

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As the summer comes into full swing and many employees take time off to enjoy summer vacation, the same cannot be said for employers. It has been no secret that private sector diversity, equity and inclusion (DEI) programs...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS wraps it up: Four lessons for employers

"Reverse discrimination," ADA, religion, and nationwide injunctions. The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have...more

Bodman

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

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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

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

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Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination...more

Whiteford

Employment Law Update: U.S. Supreme Court Ends Double Standard: All Employees Get Equal Protection in Title VII Discrimination...

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On June 5, 2025, in a unanimous and highly anticipated decision, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, No. 23-1039, clarified a critical point in employment law: all employees—regardless of...more

Cozen O'Connor

Facial Hair, Firefighters, and Free Exercise

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A single exception can now unravel your entire workplace safety policy. The Third Circuit's decision on May 30, 2025, in Smith v. Atlantic City, underscores how even minor exceptions to grooming or masking rules can expose...more

Butler Snow LLP

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

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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

Saul Ewing LLP

Minneapolis Expands Anti-discrimination Ordinance

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The City of Minneapolis will soon be one of the few jurisdictions in the country that prohibit discrimination based on height, weight, and criminal history. On May 5, 2025, Minneapolis Mayor Jacob Frey approved amendments to...more

Robinson Bradshaw

EEOC Guidance Partially Vacated: What’s an Employer to Do?

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Savvy employers read and implemented the Equal Employment Opportunity Commission’s 2024 Enforcement Guidance on Harassment in the Workplace. Now, portions of that Guidance relating to LGBTQ+ employee rights are defunct....more

Adams & Reese

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

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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

Constangy, Brooks, Smith & Prophete, LLP

The feds may be backing down on LGBTQ protections, but should employers?

Don't overreact. (Or underreact.) This June, as corporations continue to roll back public support and funding for diversity, equity, and inclusion initiatives, it is important for employers to be familiar with the current...more

Dickinson Wright

One Standard to Rule Them All: Supreme Court Strikes Down Higher Bar for Majority Plaintiffs

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On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Service that fundamentally altered how reverse discrimination claims are assessed under Title VII of the Civil Rights Act...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

Amundsen Davis LLC

Balancing Beliefs and Business: What Employers Need to Know About Religious Accommodations in the Workplace

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As modern workplaces grow increasingly diverse, employers must be prepared to accommodate employees’ religious practices and observations in a respectful, inclusive, and lawful manner. Title VII of the Civil Rights Act of...more

Lerch, Early & Brewer

What Employers Need to Know About the New EEOC Guidance Regarding DEI–Related Discrimination

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On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Justice Department jointly issued two technical assistance documents focused on educating the public about DEI-related...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...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

FordHarrison

EntertainHR: Modern Family, Modern Workforce: How Managers and Employees Interact

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Over the past few months, I dove headfirst into another show that had a long, successful run that I completely missed: Modern Family. Modern Family is a comedy about a large extended family living in Los Angeles, California....more

McDermott Will & Schulte

The EEOC Releases First Guidance on COVID-19 Vaccination for Employers

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On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued its first direct guidance for employers regarding COVID-19 vaccines approved or authorized by the Food and Drug Administration (FDA). The EEOC is...more

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