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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

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

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

DCI Consulting

[Webinar] Using Science to Address Merit, Equity, & Compliance in Employee Selection & Pay - May 14th, 2:00 pm - 2:30 pm EDT

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Recently, there has been an intense focus on how employers approach employment decisions such as recruitment, hiring, promotions, and pay. Long-standing practices have been challenged in court, through executive actions, and...more

Constangy, Brooks, Smith & Prophete, LLP

California’s proposed rule on AI used in employment decisions is a big deal

The California Privacy Protection Agency released proposed regulations in November 2024 that will, if finalized, create significant new hurdles for employers using artificial intelligence to assist with a variety of...more

Venable LLP

Eight Employment Law Changes That Are Important to Illinois Independent Schools

Venable LLP on

Illinois lawmakers passed a number of changes to employment laws effective January 1, 2025. The following is a summary of each law...more

Shook, Hardy & Bacon L.L.P.

California Court Finds No Procedural Burden Shifting Without Allegations of Protected Discrimination

A California appellate court recently held that a burden shifting process did not apply to an employment discrimination claim where the plaintiff had not alleged discrimination on the basis of race. Quesada v. County of Los...more

Constangy, Brooks, Smith & Prophete, LLP

New year, new amendments to the Illinois Equal Pay Act

Beginning January 1, important amendments to the Illinois Equal Pay Act will go into effect. Established in 2003, the Act aims to eliminate gender-based discrimination and ensure that employees are compensated equally for the...more

Constangy, Brooks, Smith & Prophete, LLP

The inexorable zero. The assault on workplace DEI. And four tips for avoiding the attack.

Inexorable. Something that cannot be moved, stopped, persuaded, or altered. In Title VII parlance, the "inexorable zero" is the complete absence of a protected group from a workforce or job classification. When accompanied...more

Baker Botts L.L.P.

Illinois Enacts Artificial Intelligence Legislation Affecting Employment Practices

Baker Botts L.L.P. on

Illinois Governor JB Pritzker recently signed HB 3773 into law, amending the Illinois Human Rights Act (the “Act”) to regulate the use of artificial intelligence (AI) in employment practices. Amendments to the Act, which...more

Constangy, Brooks, Smith & Prophete, LLP

Missouri sues IBM over alleged diversity quotas

State Attorney General follows through on threat. Last summer, shortly after the U.S. Supreme Court’s decision in Students for Fair Admissions v. President & Fellows of Harvard and Students for Fair Admissions v....more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Rivkin Radler LLP

The Employment Law Reporter - January 2023

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. District Court for the Southern District of New York has dismissed claims under Title I, Title II, and Title III of the Americans with...more

Constangy, Brooks, Smith & Prophete, LLP

Proving reverse bias: Tough, but not impossible

Two recent court decisions shed some light. Two decisions in reverse discrimination cases came down this week from the U.S. Court of Appeals for the Seventh Circuit. In one case, a three-judge panel found in favor of the...more

Epstein Becker & Green

#WorkforceWednesday: EEOC COVID-19 Charges Surge, NYC’s Pay Transparency Law, SCOTUS Considers PAGA - Employment Law This Week®

This week, we look at compliance and enforcement developments at the federal level and in the specific jurisdictions of New York City and California. EEOC Reports Surge of COVID-19-Related Charges On the heels of the Equal...more

Mitratech Holdings, Inc

[Webinar] The Promise and Perils of AI in Employment Decision-Making: A View from the EEOC - January 13th, 9:00 am PT

Commissioner Sonderling will address the implications of Artificial Intelligence(AI)/Machine Learning (ML) for equal employment opportunity. Employers are using AI to make employment decisions at every stage of the job life...more

Fisher Phillips

New Jersey Amends Workplace Bias Law to Expand Protections Against Age Discrimination

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New Jersey Governor Phil Murphy just signed a bill amending the state’s workplace bias statute by expanding protections against age discrimination. The most significant aspect of Assembly Bill No. 681, signed into law on...more

Nossaman LLP

California Supreme Court Decides Wilson v. CNN: Court Rules No Categorical Exception to Anti-SLAPP Review for Discrimination and...

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On July 22, 2019, the California Supreme Court issued its long-awaited opinion in Wilson v. CNN. The primary question before the court concerned the application of the anti-SLAPP statute, Civil Procedure Code Section 425.16,...more

FordHarrison

Making a Slam Dunk in Hiring and Promotion Decisions

FordHarrison on

Here in O’Town, we are thrilled that the Magic made it to the NBA playoffs. In basketball, of course, it’s easy to determine who’s the best of the best—just look at the scoreboard. ...more

Seyfarth Shaw LLP

Federal Court Determines That Decision-Making By Upper Management May Allow For Certification In A Title VII Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Walmart For Religious Discrimination

Retail Giant Refused Wisconsin Employee's Schedule Change Request to Observe the Sabbath, Federal Agency Charges - MILWAUKEE - Walmart Inc. and Walmart Stores East, LP violated federal law when they refused a Christian...more

Rumberger | Kirk

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

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The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

U.S. Equal Employment Opportunity Commission...

Country Fresh to Pay $84,750 to Settle EEOC Sex Discrimination Suit

Milk Manufacturer Denied Promotions to a Woman Because of Sex, Federal Agency Charged - DETROIT - Country Fresh, LLC, a milk manufacturer which operates in Livonia, Mich., a suburb of Detroit, will pay $84,750 to settle...more

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