News & Analysis as of July 25, 2025

Supreme Court of the United States › Affirmative Action

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

DOL Issues Proposed Rule Revising Regulations Governing Federal Contractor Affirmative Action Plans

Schwabe, Williamson & Wyatt PC on 7/3/2025

On July 1, 2025, the DOL published two separate proposed rules that would affect federal contractors’ obligations to have affirmative action plans for individuals with disabilities, as well as minorities and women....more

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

Smith Anderson on 6/20/2025

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

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Warner Norcross + Judd on 6/20/2025

On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on 6/18/2025

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

SCOTUS Rejects Heightened Standard for Title VII Majority Group

Harris Beach Murtha PLLC on 6/18/2025

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet...more

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

K&L Gates LLP on 6/16/2025

On 5 June 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services that, in order to establish a Title VII claim, a plaintiff who is a member of a “majority group” is not required to show “background...more

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 6/13/2025

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

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

Mintz - Employment Viewpoints on 6/13/2025

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

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

Arnall Golden Gregory LLP on 6/12/2025

On June 5, 2025, the Supreme Court of the United States unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not...more

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

Berkshire on 6/12/2025

The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for...more

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Foley Hoag LLP on 6/11/2025

Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required...more

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

Poyner Spruill LLP on 6/11/2025

On June 5, 2025, the Supreme Court issued its much-anticipated ruling in Ames v. Ohio Department of Youth Services, concluding that courts cannot require members of a majority group to satisfy a heightened evidentiary...more

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

McDermott Will & Emery on 6/10/2025

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

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

Williams Mullen on 6/10/2025

On June 5, 2025, the U.S. Supreme Court unanimously held that plaintiffs bringing discrimination claims under Title VII of the Civil Rights Act of 1964 (Title VII) cannot be required to satisfy a heightened evidentiary...more

US Supreme Court Clarifies Standard in Reverse-Discrimination Cases

Mayer Brown on 6/9/2025

DECISION ALERT: AMES V. OHIO DEP’T OF YOUTH SVCS. INTRODUCTION: On June 5, 2025, the United States Supreme Court issued a unanimous decision holding that so-called “reverse discrimination” claims—discrimination claims...more

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

Troutman Pepper Locke on 6/9/2025

On May 22, the Supreme Court in Kousisis, et al., v. United States, affirmed the convictions of a painting subcontractor and its owner (defendants) under the federal wire fraud statute for conspiring to defraud the Department...more

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Supreme Court of the United States › Affirmative Action

DOL Issues Proposed Rule Revising Regulations Governing Federal Contractor Affirmative Action Plans

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

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Reverse Discrimination Lawsuits Are So Back

SCOTUS Rejects Heightened Standard for Title VII Majority Group

Supreme Court Invalidates "Background Circumstances" Rule in Title VII Cases

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

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

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

Supreme Court Rejects Heightened Evidentiary Standards for So-Called “Reverse Discrimination” Claims

US Supreme Court Clarifies Standard in Reverse-Discrimination Cases

Will DBE Fraud Continue to Be Prosecuted? The Impact of the Kousisis Decision in the Shifting Affirmative Action Landscape

Ames v. Ohio Department of Youth Services: SCOTUS Simplifies Reverse Discrimination Claims

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

Reverse discrimination claims boosted by Supreme Court

New Administration Outlook: How Educational Institutions Can Navigate the Attack on DEI

2024 State AGs Year in Review - UPDATED 4/1/25

EEOC Lectures Employers About Unlawful DEI-Related Discrimination

Wisconsin Court of Appeals Finds Taxpayer-Funded College Grant Program to Be Unconstitutional

U.S. Department of Education’s ‘Dear Colleague’ Letter Prohibiting DEI and FAQs Document Challenged in Federal Court

U.S. Department of Education releases FAQ for February 14th Dear Colleague Letter

Supreme Court of the United States › Affirmative Action

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