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High Court Eliminates “Background Circumstances” as a Requirement in “Reverse Discrimination” Cases

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

Executive Order Targets Prohibitions Against Sexual Orientation and Gender Expression Discrimination

UPDATE: On January 31, 2025, the EEOC advised that at the present time all charges alleging discrimination on the basis of sexual orientation or gender identity will be sent to national headquarters for review to ensure that...more

President Trump Relies on Executive Orders to Promote Anti-IE&D Policies

Since taking office on January 20, 2025, President Trump has issued several executive orders that address inclusion, equity, and diversity (IE&D) programs and policies. Although these orders are important to consider,...more

High Court to Review Standard Applied to “Reverse Discrimination” Cases

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

A Look at the Proliferation of New Legislation Addressing IE&D Across the Country

Over the last two years, starting even before the Supreme Court’s decision regarding affirmative action in June 2023, there has been a noticeable uptick in bills introduced in state legislatures restricting inclusion, equity,...more

High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required

On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII.  In so ruling, the Court rejected a level of proof as to harm that many...more

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

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