News & Analysis as of

Sex Discrimination Affirmative Action

Seyfarth Shaw LLP

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

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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

DCI Consulting

[Webinar] Summer 2025 Update: Affirmative Action for Federal Contractors - July 23rd, 2:00 pm - 2:30 pm EDT

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The first half of 2025 brought unprecedented changes for federal contractors seeking to comply with federal affirmative action requirements. The rescission of Executive Order 11246 via Executive Order 14173 upended decades of...more

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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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

Harris Beach Murtha PLLC

SCOTUS Rejects Heightened Standard for Title VII Majority Group

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

K&L Gates LLP

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

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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

Proskauer - Law and the Workplace

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

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

Arnall Golden Gregory LLP

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

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

Poyner Spruill LLP

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

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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

Williams Mullen

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

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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

Constangy, Brooks, Smith & Prophete, LLP

Company’s pay equity study is not privileged, court rules

A cautionary tale for employers. EDITOR’S NOTE: Our Affirmative Action Alert blog has been re-titled EEO Compliance Dispatch. Many companies proactively analyze employee compensation to ensure that any disparities...more

Mayer Brown

US Supreme Court Clarifies Standard in Reverse-Discrimination Cases

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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

WilmerHale

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

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As widely expected, the Supreme Court’s June 5, 2025 decision in Ames v. Ohio Department of Youth Services confirmed that a plaintiff alleging employment discrimination under Title VII cannot be held to a different,...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.

Department of Labor Proposed Budget Seeks To Completely Dismantle OFCCP

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According to the U.S. Department of Labor’s (DOL) fiscal year 2026 proposed budget, the Department is set to fully eliminate the Office of Federal Contract Compliance Programs (OFCCP) next fiscal year, which begins October 1,...more

PilieroMazza PLLC

DBE Program in Peril: Recent Legal Challenges and What They Mean for Women- and Minority-Owned Contractors

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Recent legal challenges jeopardize the future of the Department of Transportation’s (DOT) Disadvantaged Business Enterprise (DBE) program, a long-standing initiative designed to support minority- and women-owned businesses in...more

Williams Mullen

Yes, EEO-1 Reporting Is Still A Thing

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Although Executive Order 11246, which mandated race and gender affirmative action programs for federal contractors and subcontractors, was revoked by President Trump in January 2025, the EEOC’s newly updated EEO-1 Data...more

Hahn Loeser & Parks LLP

Department of Justice Rescinds Prior Report About Race and Sex in Federal Contracting

On April 23, 2025, the United States Department of Justice announced that it is rescinding the January 31, 2022 Notice of Report on Lawful Uses of Race or Sex in Federal Contracting Programs (the “2022 Report”). The April 23...more

Seyfarth Shaw LLP

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

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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

Keating Muething & Klekamp PLL

EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices

On March 17, 2025, Equal Employment Opportunity Commission (“EEOC”) Acting Chair, Andrea Lucas, sent letters to 20 large law firms requesting information concerning each firm’s diversity, equity, and inclusion (“DEI”) related...more

Ballard Spahr LLP

Federal Court Refuses to Lift Preliminary Injunction Blocking DEI Executive Orders, While EEOC, USDOE, and State AGs Address DEI...

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Last week brought further developments related to the Trump administration’s efforts to curtail what it views as illegal diversity, equity, and inclusion (DEI) initiatives....more

Schwabe, Williamson & Wyatt PC

‎90-Day Stay Requested in Mid-America Milling Co. v. U.S. DOT

The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more

The Volkov Law Group

New AG Bondi Redirects Justice Department Priorities (Part I of III)

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In an unprecedented and surprising set of actions, the new Attorney General Bondi issued eleven new, internal directives for the Department of Justice.  The new Directives are available HERE. Immediately after her...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues New Directive on DEI

On February 5, 2025, U.S. Attorney General Pam Bondi issued fourteen memos outlining new policies for the U.S. Department of Justice (“DOJ”). Among them is a memorandum entitled “Ending Illegal DEI and DEIA Discrimination and...more

Genova Burns LLC

Banks Targeted by Attorney Generals

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On January 21, 2025, President Donald Trump, through Executive Order, declared affirmative action and Diversity, Equity, and Inclusion programs unlawful in the federal government and also for those employers who enter into...more

Fox Rothschild LLP

Trump Transforms Equal Employment Opportunity Commission

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In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more

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