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Employment Discrimination › Appeals › Statutory Interpretation

Vedder Price

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Vedder Price on

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

Parker Poe Adams & Bernstein LLP on

For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more

Proskauer - California Employment Law

Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs

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Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025) - Marlean Ames, a heterosexual woman, alleged under Title VII that she had been denied a management promotion and demoted based on her sexual...more

Goldberg Segalla

Second Circuit Clarifies Scope of Marital Status Discrimination Under New York City Human Rights Law

Goldberg Segalla on

The U.S. Court of Appeals for the Second Circuit on April 8, 2025, clarified the scope of “marital status” discrimination under the New York City Human Rights Law (NYCHRL). In Hunter v. Debmar-Mercury LLC, et al., the Second...more

Cranfill Sumner LLP

Supreme Court Unanimously Rejects “Background Circumstances” Requirement for “Reverse Discrimination” Claims

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The U.S. Supreme Court unanimously held on June 5, 2025, that majority group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of...more

Kelley Drye & Warren LLP

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

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The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling...more

Troutman Pepper Locke

Supreme Court Strikes Down Sixth Circuit Rule Heightening Discrimination Standard for Members of Majority Groups

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A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more

Constangy, Brooks, Smith & Prophete, LLP

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

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In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more

Clark Hill PLC

An about face on reverse discrimination: The U.S. Supreme Court’s landmark decision in Ames v. Ohio Department of Youth Services

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The U.S. Supreme Court recently weighed in on the contentious issue of reverse discrimination under Title VII of the Civil Rights Act of 1964, which bars disparate treatment of employees on the basis of race, color, religion,...more

Frost Brown Todd

Supreme Court Rejects Requirement That Majority-Group Plaintiffs Meet a Heightened Standard to Bring Title VII Claims

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On June 5, 2025, a unanimous U.S. Supreme Court invalidated how some courts evaluated so-called “reverse discrimination” cases. In its decision, the Supreme Court held that a majority-group plaintiff need not show “background...more

Littler

High Court Eliminates “Background Circumstances” as a Requirement in “Reverse Discrimination” Cases

Littler on

On June 5, 2025, the Supreme Court in Ames v. Ohio Department of Youth Services unanimously struck down the Sixth Circuit’s “background circumstances” rule, which had required majority-group plaintiffs to meet a heightened...more

Constangy, Brooks, Smith & Prophete, LLP

BREAKING: SCOTUS overrules higher standard for majority group asserting bias claims

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On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more

Lerman Senter PLLC

Court Rejects FCC's Reinstatement of Form 395-B Filings

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A federal appeals court has invalidated the FCC’s attempt to require broadcasters to file annual reports disclosing the race, ethnicity, and gender of their employees....more

McAfee & Taft

Can a non-disabled employee recover backpay under the ADA? At least one appeals court thinks so.

McAfee & Taft on

In the brilliant 1993 movie The Fugitive, there is an iconic scene in which the wrongly accused Dr. Richard Kimble emphatically tells Deputy U.S. Marshal Samuel Gerard, “I didn’t kill my wife!” Gerard responds, “I don’t...more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – April 2025

Orrick, Herrington & Sutcliffe LLP on

In this month’s instalment, our team summarises the latest UK case law and developments in employment law – and their implications for employers. In For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Supreme...more

Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

Bradley Arant Boult Cummings LLP on

Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

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