News & Analysis as of

Employment Discrimination Civil Rights Act Employees

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

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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

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

Quarles & Brady LLP

Supreme Court Clarifies Standard for Reverse Discrimination Suits Under Title VII

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In a unanimous decision authored by Justice Ketanji Brown Jackson, the Supreme Court last Thursday held that Title VII of the Civil Rights Act of 1964 (“Title VII”) imposes no additional requirements on majority-group...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

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

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

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Workplace diversity, equity, and inclusion (DEI) programs face more scrutiny than ever in light of President Trump’s recent executive orders regarding DEI policies and programs across the public and private sectors, recent...more

U.S. Equal Employment Opportunity Commission...

Security Engineers, Inc. to Pay $1.6 Million in EEOC Sex Discrimination Lawsuit

Federal Agency Charged Security Company with Engaging in Systemic Sex Discrimination in Hiring and Assignments - BIRMINGHAM, Ala. – Security Engineers, Inc., a contract security solutions provider headquartered in...more

Lippes Mathias LLP

What Employers Need to Know About Recent Changes to Affirmative Action Policies in the Workplace

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On January 21, 2025, President Trump signed an Executive Order titled, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" ("Order"). The Order is mainly aimed at rescinding Executive Order 11246, which was...more

Bradley Arant Boult Cummings LLP

What to Know About the War Being Waged Against DEI

Can you still have DEI (diversity, equity, and inclusion) programs? How about affirmative action plans? The Supreme Court’s June 2023 decision in Students for Fair Admissions v. Harvard garnered national attention in holding...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Quarles & Brady LLP

Trump Administration Issues Executive Orders Rolling Back DEI and Affirmative Action Requirements For Federal Contractors

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The Trump Administration has wasted no time making waves in the employment world immediately rolling back years-old federal diversity and affirmative action programs for federal contractors and executive agencies, and...more

Butler Snow LLP

Trump and DEI: What Does a Second Term Mean for Employers?

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In the flurry of executive orders issued shortly after being sworn for a second term, President Donald Trump issued two executive orders and one presidential action dismantling all diversity, equity, and inclusion (DEI)...more

Bass, Berry & Sims PLC

President Trump Revokes Executive Order 11246

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“Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (Order) is one of President Trump’s most recent executive orders. The Order was signed on January 21, 2025. The Order revoked Executive Order EO11246...more

Kelley Drye & Warren LLP

The Trump Transformation – Major Shifts in EEOC and Employment Law

Less than 24 hours after assuming the presidency, Donald Trump announced significant changes in the leadership and focus of the Equal Employment Opportunity Commission (“EEOC”), as well as other policy changes which will...more

Seyfarth Shaw LLP

President Trump’s Executive Order Eradicates 'Gender Ideology' from Federal Government and Seeks to Dismantle Federal Transgender...

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The Trump Administration’s new Executive Order on “gender ideology extremism” signals a dramatic shift in federal policy that will impact workplace policies, benefits, and compliance obligations relating to transgender...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Hear Reverse Discrimination Appeal

A few months ago, we published an alert noting that the U.S. Supreme Court had agreed to hear Ames v. Ohio Department of Youth Services. The case addresses whether plaintiffs alleging reverse discrimination under Title VII...more

Constangy, Brooks, Smith & Prophete, LLP

The intersection of partisan political speech and employee rights. Look both ways before crossing.

Considering the barrage of vitriolic campaign ads that invaded our homes on a nightly basis during the past year, you might think that political debate in America had reached a new low. Think again....more

Akerman LLP - HR Defense

An Employer’s Guide to Outsmarting Artificial Intelligence Liability in the Workplace

Employers need to be smarter than ever about how they use artificial intelligence (AI) in the workplace. Laws attempting to regulate the use of AI in the workplace have seemingly kept pace with advancements in the technology...more

Littler

2024 Summer Olympics Series: United States

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The 2024 Summer Olympic Games begin Friday, July 26. To celebrate this international event, Littler offices around the globe will share key changes in labor and employment laws that have transpired since the last time their...more

Harris Beach Murtha PLLC

Court Decision Should Spur Employers Who Hire Noncitizens to Examine Hiring Practices

While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies. The split ruling by a...more

Bass, Berry & Sims PLC

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job...

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In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This...more

Quarles & Brady LLP

Supreme Court Identifies Employee-Favorable Standard for Workplace Discrimination Claims

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On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a...more

Seyfarth Shaw LLP

EEOC Weighs in on Alleged Conflict Between Religious Beliefs and Civil Rights Training

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In a written opinion issued on March 7, 2024, the EEOC confirmed that an employee must not only show a sincerely held religious belief, but that the employee’s religious belief is actually in conflict with the workplace...more

Akerman LLP - HR Defense

New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more

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