News & Analysis as of

Reverse Discrimination Students for Fair Admissions v Harvard College Title VII

Smith Anderson

SCOTUS Rejects Extra Burden for Majority-Group Plaintiffs in Title VII Cases

Smith Anderson on

On June 5, 2025, the United States Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how majority-group discrimination claims are evaluated under Title VII of the...more

Troutman Pepper Locke

Water Cooler Talk: ‘Late Night’ Shows DEI Is More Than Optics

Troutman Pepper Locke on

The 2019 film “Late Night,” written by and starring Mindy Kaling, tells the story of a late-night talk show host, Katherine Newbury, played by Emma Thompson, whose all-male, all-white writing staff scrambles to add a female...more

Mintz - Employment Viewpoints

“Reverse Discrimination” Cases Subject to Same Evidentiary Standard Says Supreme Court

Can members of a majority group be subject to a heightened pleading standard for their Title VII discrimination claims? The United States Supreme Court answered this question with a unanimous “no” in Ames v. Ohio Department...more

Morrison & Foerster LLP

U.S. Supreme Court Reconciles Circuit Split Regarding Standard for “Reverse Discrimination” Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting the “background circumstances” requirement multiple circuit courts of appeals have applied to Title...more

Jackson Lewis P.C.

U.S. Supreme Court Reverses ‘Reverse’ Employment Discrimination Pleading Standard

Jackson Lewis P.C. on

On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning...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

Mintz - Employment Viewpoints

SCOTUS Takes Up Reverse Discrimination Framework Under Title VII

The U.S. Supreme Court recently granted cert in a hotly contested case addressing the standards of proof applicable to reverse discrimination claims under Title VII. The case comes on the heels of the court’s decision last...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

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

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

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

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