News & Analysis as of

Title VII Affirmative Action

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Jackson Lewis P.C.

DOJ Releases DEI Guidance

Jackson Lewis P.C. on

Attorney General Pam Bondi issued guidance dated July 29, 2025, to all federal agencies and recipients of federal funding, reiterating the Trump Administration’s January directive that all programs, policies, and activities —...more

DCI Consulting

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

DCI Consulting on

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

Ice Miller

Anti-DEI Enforcement Takes Shape: DOJ and States Apply New Vision of Civil Rights

Ice Miller on

At the beginning of the second Trump administration, the President and Attorney General Pam Bondi indicated they would use the levers of government to end DEI (diversity, equity, and inclusion) policies and programs. The...more

DCI Consulting

Open Letter to Contractors in Response to OFCCP's Info Request

DCI Consulting on

On Friday, June 27th, Office of Federal Contract Compliance Programs (OFCCP) Director Catherine Eschbach sent a letter to federal contractors asking them to voluntarily submit information to the agency explaining their...more

Cooley LLP

DEI Under the Microscope: What Employers Should Know About Recent Developments

Cooley LLP on

There have been recent developments in the continually evolving legal landscape for employers utilizing diversity, equity and inclusion (DEI) programs and policies. Below is a brief overview of those recent developments and...more

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

Warner Norcross + Judd

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

Warner Norcross + Judd on

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

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP on

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

Husch Blackwell LLP

Executive Agencies Confirm Demise of OFCCP and Identify Private Sector Enforcement Targets

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) and the Department of Labor released their 2026 Congressional Budget Justifications (CBJ) on May 30, 2025, providing valuable information related to the EEOC’s enforcement...more

K&L Gates LLP

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

K&L Gates LLP on

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

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

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

Berkshire

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

Berkshire on

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

Foley Hoag LLP

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

Foley Hoag LLP on

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

Poyner Spruill LLP

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

Poyner Spruill LLP on

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

McDermott Will & Emery

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

McDermott Will & Emery on

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

Williams Mullen

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

Williams Mullen on

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

Mayer Brown

US Supreme Court Clarifies Standard in Reverse-Discrimination Cases

Mayer Brown on

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

WilmerHale on

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

McAfee & Taft

Reverse discrimination claims boosted by Supreme Court

McAfee & Taft on

Just today, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to bring a disparate treatment claim under Title VII.  While the majority of appeals courts in the...more

Saul Ewing LLP

EEO-1 Data Collection Back and Due June 24, 2025

Saul Ewing LLP on

What is the EEO-1? The EEO-1 Component 1 report is a mandatory summary of an employer’s workforce demographic data, including race/ethnicity, gender, and job category information, that must be submitted to the Equal...more

Williams Mullen

Yes, EEO-1 Reporting Is Still A Thing

Williams Mullen on

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

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