News & Analysis as of

Employment Discrimination › Affirmative Action › Disparate Treatment

Constangy, Brooks, Smith & Prophete, LLP

OFCCP invites contractors to disclose efforts to wrap up EO 11246 compliance

Constangy, Brooks, Smith & Prophete, LLP on

File under “thanks, but no thanks.” In an open letter to contractors, Catherine Eschbach, Director of the Office of Federal Contract Compliance Programs, offers contractors the opportunity to explain how they have wound...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Warner Norcross + Judd on

On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Proskauer - Law and the Workplace

U.S. Supreme Court Holds Majority-Group Plaintiffs Are Not Subject to a Heightened Evidentiary Standard Under Title VII

Proskauer - Law and the Workplace on

On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted...more

Berkshire

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

Berkshire on

The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for...more

Foley Hoag LLP

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Foley Hoag LLP on

Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required...more

Poyner Spruill LLP

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

Poyner Spruill LLP on

On June 5, 2025, the Supreme Court issued its much-anticipated ruling in Ames v. Ohio Department of Youth Services, concluding that courts cannot require members of a majority group to satisfy a heightened evidentiary...more

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

Morrison & Foerster LLP on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

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