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Employment Discrimination Employer Responsibilities Title VII

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Reverse Discrimination in the Workplace with Jennie Cluverius and Fay Edwards of...

Maynard Nexsen on

In this episode, Tina and Maynard Nexsen attorneys Jennie and Fay break down the Supreme Court’s unanimous decision regarding reverse discrimination and what it means for employers and their policies. The ruling clarifies...more

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...more

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

Dickinson Wright on

In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more

Spilman Thomas & Battle, PLLC

Understanding DEI Policies in the Workplace Today

Diversity, Equity and Inclusion (DEI) has been a hot topic. In 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. Harvard, 600 U.S. 181 (2023), eliminating race as a factor for college...more

Epstein Becker & Green

New DOJ Memo Warns Employers: Rethink DEI Programs Now - #WorkforceWednesday® - Employment Law This Week®

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This week, we’re focusing on the employer implications of new guidance from U.S. Attorney General Pam Bondi and the U.S. Department of Justice (DOJ) on unlawful diversity, equity, and inclusion (DEI) practices. The new...more

Perkins Coie

DOJ’s DEI Federal Fund Recipient Guidance Deserves Attention by Private Sector Employers

Perkins Coie on

Key Takeaways - - A recently released memo from the U.S. attorney general reminds employers of the current administration’s stance on diversity, equity, and inclusion efforts. - The guidance is explicitly directed at...more

McAfee & Taft

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

McAfee & Taft on

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

Kerr Russell

Religious Accommodations Under Scrutiny

Kerr Russell on

Six months into the new Trump administration, it is clear that the EEOC is concentrating its efforts on religious discrimination in the workplace. Since President Trump’s inauguration, 25% of the new lawsuits or enforcement...more

Tucker Arensberg, P.C.

What Employers Need to Know After Supreme Court’s Reverse Discrimination Decision

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, 145 S. Ct. 1540 (2025), making clear that an employee-plaintiff who is a member of a majority group cannot be held...more

Steptoe & Johnson PLLC

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

Steptoe & Johnson PLLC on

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

Littler

Senate HELP Committee Hearing: Key Takeaways for Employers from the July 16, 2025 Nomination Review

Littler on

On July 16, 2025, the Senate Health, Education, Labor, and Pensions (HELP) Committee convened to review the nominations of three individuals whose roles could significantly shape the future of federal labor and employment...more

BakerHostetler

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

BakerHostetler on

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

Perkins Coie

June Tip of the Month: Supreme Court Decision Levels the Playing Field for “Reverse Discrimination” Claims

Perkins Coie on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that members of a majority group are not required to meet a heightened evidentiary standard to prevail...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

Downey Brand LLP

Employers May See an Increase in Title VII Discrimination Claims

Downey Brand LLP on

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...

Whiteford on

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

Butler Snow LLP

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

Butler Snow LLP on

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

Cole Schotz

U.S. Supreme Court Issues Reversal for Title VII “Reverse Discrimination” Claims

Cole Schotz on

On June 5, 2025, in a 9-0 opinion, the United States Supreme Court ruled in Ames v. Ohio Dept. of Youth Services that members of a “majority group” do not have to satisfy a heightened evidentiary standard to prevail on a...more

Morgan, Brown & Joy, LLP

Supreme Court Clarifies Standard for So-Called “Reverse” Discrimination Claims

On June 5, 2025, the Supreme Court held that majority group plaintiffs do not have to meet a higher evidentiary standard than minority group plaintiffs to support their discrimination claims under federal law. In Ames v. Ohio...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Standardizes Burden for Majority and Minority Plaintiffs Bringing Title VII Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how employment discrimination claims brought by members of a majority group—such as...more

Saul Ewing LLP

Minneapolis Expands Anti-discrimination Ordinance

Saul Ewing LLP on

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

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