News & Analysis as of

Employment Litigation Burden of Proof Sex Discrimination

Bricker Graydon LLP

Supreme Court Rejects “Background Circumstances” Requirement for Title VII Discrimination Claims in Ames v. Ohio Department of...

Bricker Graydon LLP on

In a unanimous decision issued on June 5, 2025, the United States Supreme Court held the “background circumstances” requirement imposed by some lower courts in what are often referred to as “reverse discrimination” claims is...more

Bass, Berry & Sims PLC

Supreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for...

Bass, Berry & Sims PLC on

On June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit’s “background circumstances” rule in employment discrimination cases. The background circumstances rule required members of a...more

Parker Poe Adams & Bernstein LLP

Supreme Court Rejects Elevated Standard for Proving Reverse Discrimination Claims

The U.S. Supreme Court unanimously rejected use of a special legal test for plaintiffs to prove illegal bias in reverse discrimination cases. ...more

Venable LLP

Pay Equity Pitfalls: Varying Standards for "Equal Work" and Valid Comparators in Pay Equity Litigation

Venable LLP on

The Equal Pay Act of 1963 (the EPA) and related state laws require employers to pay men and women equally for equal work. ...more

Franczek P.C.

Supreme Court Rules Anti-Discrimination Protections Apply Equally to All

Franczek P.C. on

On June 5, 2025, the Supreme Court held that a plaintiff who is a member of a majority group does not need to meet a more stringent burden of proof in order to prove unlawful employment discrimination under Title VII of the...more

Fox Rothschild LLP

U.S. Supreme Court Rejects Heightened Standard of Proof in So-Called 'Reverse Discrimination' Cases

Fox Rothschild LLP on

The U.S. Supreme Court set the record straight on June 5, 2025 — reminding employers that all employees are created equal when it comes to Title VII litigation in federal court. The decision in Ames v. Ohio Department of...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Dickinson Wright

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

Dickinson Wright on

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of...more

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