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Equal Protection › Title VII

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Wiley Rein LLP

DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

Wiley Rein LLP on

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

Bracewell LLP

Diversity Programs Could Mean Defunding, New Attorney General Memorandum Warns

Bracewell LLP on

Federal law has long required recipients of federal funds to comply with anti-discrimination laws. Over the last decade, initiatives under the label Diversity, Equity and Inclusion (“DEI”) became a widespread vehicle for...more

McGuireWoods LLP

DOJ Issues Guidance to Recipients of Federal Funding for Compliance With Federal Antidiscrimination Laws

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On July 30, 2025, the U.S. Department of Justice issued a Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination, warning that many programs and initiatives labeled as Diversity, Equity and Inclusion...more

Pillsbury Winthrop Shaw Pittman LLP

Attorney General Bondi Issues Guidance to Recipients of Federal Funding “Regarding Unlawful Discrimination”

Pillsbury Winthrop Shaw Pittman LLP on

While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...more

Husch Blackwell LLP

DOJ Issues Sweeping Memorandum on Unlawful Discrimination

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On July 29, 2025, the U.S. attorney general released a new memorandum providing guidance on the application of federal antidiscrimination laws for recipients of federal funding—including private and public colleges and...more

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

New DOJ Guidance Identifies Unlawful DEI Practices That Could Result in Revocation of Federal Funding

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

On July 29, 2025, the U.S. Department of Justice (DOJ) released new guidance to all federal agencies clarifying what types of diversity, equity, and inclusion (DEI) practices and policies would be considered illegal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Attorney General Issues Memorandum on Unlawful Discrimination for Recipients of Federal Funds

Skadden, Arps, Slate, Meagher & Flom LLP on

- What is new: The Office of the U.S. Attorney General issued important guidance clarifying that any policy or practice distinguishing based on protected characteristics may violate federal antidiscrimination laws, including...more

Latham & Watkins LLP

DOJ Issues Guidance on “Unlawful Discrimination”

Latham & Watkins LLP on

The guidance reflects a key step in the administration’s broader strategy to root out DEI efforts in the private sector....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

Lerch, Early & Brewer

Supreme Court Clarifies: Title VII Protects

Lerch, Early & Brewer on

Earlier this month, the United States Supreme Court confirmed that Title VII of the Civil Rights Act of 1964 guarantees equal protection to all employees, even if they belong to majority or minority groups....more

Seyfarth Shaw LLP

Supreme Court Upholds Tennessee Transgender Care Ban

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In a widely awaited for decision, the Supreme Court in a 6-3 opinion authored by Justice Roberts held that a Tennessee law which prohibits certain medical treatments (puberty blockers and hormones) for transgender minors,...more

Proskauer - Law and the Workplace

U.S. Supreme Court Holds Majority-Group Plaintiffs Are Not Subject to a Heightened Evidentiary Standard Under Title VII

Proskauer - Law and the Workplace on

On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted...more

Akerman LLP - HR Defense

Supreme Court Eliminates “Background Circumstances” Test in Reverse Discrimination Cases: What Employers Need to Know

Akerman LLP - HR Defense on

In a landmark ruling significantly changing how workplace discrimination claims are litigated, the U.S. Supreme Court has removed a major barrier for plaintiffs alleging “reverse discrimination” claims under Title VII. In...more

Polsinelli

Supreme Court Rejects Heightened Evidentiary Requirement for Majority Groups in Title VII Cases

Polsinelli on

What You Need to Know: Equal Protection Under Title VII: On June 5, 2025, the U.S. Supreme Court unanimously ruled that Title VII’s protections apply equally to all individuals, regardless of whether they are in a...more

Woods Rogers

Supreme Court Reaffirms Equal Access to Title VII Protections

Woods Rogers on

In a unanimous decision issued June 5, 2025, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services vacated a Sixth Circuit ruling that imposed a higher evidentiary burden on majority-group plaintiffs in Title...more

Seyfarth Shaw LLP

Supreme Court Rejects Heightened Prima Facie “Background Circumstances” Test for Majority Group Plaintiffs

Seyfarth Shaw LLP on

In a unanimous decision, the Supreme Court vacated the dismissal of a heterosexual woman’s Title VII claims, concluding that she was improperly subjected to a heightened prima facie standard that required her to show...more

Lathrop GPM

U.S. Supreme Court Says “Reverse Discrimination” Is Equally Unlawful - Clarifies Standard for Majority-Group Plaintiffs in Title...

Lathrop GPM on

The U.S. Supreme Court today swung wide open the door for all persons who experience employment discrimination based on their race, color, religion, sex or national origin to bring suit under Title VII of the 1964 Civil...more

Ballard Spahr LLP

Texas Judge Strikes EEOC Guidance Protecting Transgender Employees

Ballard Spahr LLP on

A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation....more

Epstein Becker & Green

Disparate Impact Liability Under Fire

Epstein Becker & Green on

On Wednesday, April 23, 2025, President Trump signed EO 14281, titled Restoring Equality of Opportunity and Meritocracy (EO), stating a new Trump Administration policy “to eliminate the use of disparate-impact liability in...more

Foley & Lardner LLP

Achieving DEI Compliance…On Your Website

Foley & Lardner LLP on

Diversity, Equity & Inclusion (DEI) efforts, and the term itself, have become increasingly scrutinized and subjected to legal challenges by both government and private actors, making an understanding of the current DEI...more

Vorys, Sater, Seymour and Pease LLP

New Executive Order Seeks to Eliminate Disparate-Impact Liability

Vorys, Sater, Seymour and Pease LLP on

On April 23, 2025, President Trump issued an executive order (EO) titled Restoring Equality of Opportunity and Meritocracy.  This EO seeks to eliminate the use of disparate-impact liability in various contexts, arguing that...more

CDF Labor Law LLP

Federal Agencies Directed to End Enforcement of Disparate Impact Discrimination Claims Under President Trump’s New Executive Order

CDF Labor Law LLP on

On April 23, 2025, President Trump issued an Executive Order entitled “Restoring Equality of Opportunity and Meritocracy” (“Executive Order”). This Executive Order is one in a series issued by President Trump with the goal of...more

Troutman Pepper Locke

Navigating DEI in a Shifting Legal Landscape

Troutman Pepper Locke on

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

Vorys, Sater, Seymour and Pease LLP

Supreme Court of the United States Poised to Clarify Standard in Discrimination Claims

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On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could alter the legal landscape for employment discrimination claims under Title VII of the Civil...more

Whiteford

Employment Law Update: Supreme Court Hears Argument on Reverse Discrimination Claim with Implications for DEI

Whiteford on

Just as employers are reconsidering their approach to DEI and the myriad of potential risks such policies could present under current administration enforcement priorities, the Supreme Court recently heard arguments in a case...more

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