News & Analysis as of

Race Discrimination Reverse Discrimination Title VII

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

Ice Miller

Justices' Ruling Lowers Bar For Reverse Discrimination Suits

Ice Miller on

A unanimous U.S. Supreme Court issued its opinion in Ames v. Ohio Department of Youth Services on June 5, concluding that a plaintiff bringing a so-called reverse discrimination claim — where, for example, a majority group...more

Constangy, Brooks, Smith & Prophete, LLP

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more

Farella Braun + Martel LLP

Supreme Court Confirms That No Different Standard Applies to So-Called "Reverse Discrimination" Cases

It is now well-established that “majority groups” are protected from discrimination under Title VII and California's Fair Employment and Housing Act. These so-called “reverse discrimination” lawsuits are often brought by...more

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

Polsinelli on

On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

Miller Nash LLP

EEOC and DOJ Issue Guidance on DEI at Work

Miller Nash LLP on

On March 19, 2025, the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two non-binding guidance documents on diversity, equity, and inclusion (DEI) practices in the workplace....more

Constangy, Brooks, Smith & Prophete, LLP

7 tips for employers about DEI programs

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued technical assistance materials on diversity, equity, and inclusion initiatives, including one document titled...more

Seyfarth Shaw LLP

EEOC Issues New Technical Assistance on “DEI-Related Discrimination”

Seyfarth Shaw LLP on

On March 19, 2025, the EEOC issued two technical assistance documents addressing “DEI-related discrimination” in the workplace. The first document, issued jointly with the Department of Justice, is a one-pager titled “What To...more

Fox Rothschild LLP

President Trump Sacks DEI Programs: Key Considerations for California Employers

Fox Rothschild LLP on

Since re-taking the White House 11 days ago, President Donald J. Trump has taken dramatic steps to dismantle DEI (diversity, equity, and inclusion) programs in workplaces nationwide. President Trump’s executive orders...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

McGlinchey Stafford

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

Constangy, Brooks, Smith & Prophete, LLP

The rise of “reverse” discrimination claims

Since the decision of the U.S. Supreme Court in Students for Fair Admission, we have observed an increase in “reverse” discrimination claims where members of a majority group, such as whites or males, allege discrimination...more

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

Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v....more

Paul Hastings LLP

SCOTUS to Review Standard for Pursuit of Title VII Reverse Discrimination Cases

Paul Hastings LLP on

Following the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, reverse discrimination...more

Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more

Jackson Lewis P.C.

EEOC Commissioner Andrea Lucas Discusses Workplace DEI

Jackson Lewis P.C. on

Jackson Lewis Principal and Board Member Tanya Bovée interviewed U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas at Jackson Lewis’ Workplace Horizons conference in Las Vegas on April 17, 2024. ...more

Husch Blackwell LLP

10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

Husch Blackwell LLP on

Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more

Seyfarth Shaw LLP

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

Jackson Lewis P.C.

Rejecting Reverse Racial Discrimination Claim, Seventh Circuit Reminds Employers of Best Practices

Jackson Lewis P.C. on

In a case brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., the U.S. Court of Appeals for the Seventh Circuit provided guidance on measures employers can take to avoid liability for reverse...more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

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