DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
Employment Law Now IV-82- A Roundtable on the Impact of a President Biden on Labor and Employment Law
The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as...more
In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape...more
On June 5, 2025, the United States Supreme Court unanimously rejected the Sixth Circuit’s rule, which required plaintiffs of a majority group to satisfy an additional burden as part of establishing a prima facie case of Title...more
On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all...more
The United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a heightened burden for plaintiffs in “majority-groups” to meet their evidentiary burden in discrimination...more
Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...more
On March 19, 2025, the US Department of Justice (“DOJ”) and US Equal Employment Opportunity Commission (“EEOC”) issued a joint press release announcing two technical assistance documents addressing diversity, equity, and...more
On March 19, Andrea Lucas (Republican appointee), Acting Chair of the U.S. Equal Employment Opportunity Commission, released a document titled, “What You Should Know About DEI-Related Discrimination at Work,” offering...more
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
On January 20, 2025, the Trump Administration executed Executive Order 14173, entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructed the federal government to combat “illegal...more
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
On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more
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
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
What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more
Earlier this month, the U.S. Court of Appeals for the Sixth Circuit upheld the dismissal of a sexual orientation discrimination claim brought by a heterosexual woman who was removed from her position and denied a promotion in...more
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
Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more
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
A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote...more