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The U.S. Supreme Court unanimously held on June 5, 2025, that majority group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of...more
The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling...more
On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more
The U.S. Supreme Court recently weighed in on the contentious issue of reverse discrimination under Title VII of the Civil Rights Act of 1964, which bars disparate treatment of employees on the basis of race, color, religion,...more
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
On June 5, 2025, a unanimous U.S. Supreme Court invalidated how some courts evaluated so-called “reverse discrimination” cases. In its decision, the Supreme Court held that a majority-group plaintiff need not show “background...more
On June 5, 2025, the Supreme Court in Ames v. Ohio Department of Youth Services unanimously struck down the Sixth Circuit’s “background circumstances” rule, which had required majority-group plaintiffs to meet a heightened...more
On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, rejecting a longstanding rule applied by the Sixth Circuit and other circuit courts that imposed a...more
On June 5th the U.S. Supreme Court held that majority-group plaintiffs do not have to show special “background circumstances” to support a Title VII discrimination claim. ...more
On May 15, a Texas federal court vacated portions of the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace, concluding that the agency’s expanded interpretation of “sex”...more
In this episode, recorded on Sept. 14, Akin Gump Supreme Court and appellate practice co-head Pratik Shah returns to review the 2019 Supreme Court Term and preview the big cases and topics in the October 2020 Term. Among...more
On October 8, 2019, the Supreme Court of the United States heard oral argument on one core question: does the prohibition on discrimination “because of...sex” in Title VII of the Civil Rights Act of 1964 include...more