Proof in Trial: University of Louisville
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This Week®
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II-31- The Changing 9 to 5 From 1980 to Today
In a unanimous decision issued on June 5, 2025, the United States Supreme Court held the “background circumstances” requirement imposed by some lower courts in what are often referred to as “reverse discrimination” claims is...more
On June 5, 2025, the U.S. Supreme Court unanimously ruled in Ames v Ohio Dept. of Youth Services that plaintiffs in the majority group within a protected class have the same burden of proof at summary judgment to demonstrate...more
On June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit’s “background circumstances” rule in employment discrimination cases. The background circumstances rule required members of a...more
The U.S. Supreme Court unanimously rejected use of a special legal test for plaintiffs to prove illegal bias in reverse discrimination cases. ...more
On June 5, 2025, the Supreme Court held that a plaintiff who is a member of a majority group does not need to meet a more stringent burden of proof in order to prove unlawful employment discrimination under Title VII of the...more
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
The U.S. Supreme Court set the record straight on June 5, 2025 — reminding employers that all employees are created equal when it comes to Title VII litigation in federal court. The decision in Ames v. Ohio Department of...more
On February 26, 2025, the Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, which is a case that will determine whether a plaintiff bringing a so-called reverse discrimination claim (where, for...more
On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could alter the legal landscape for employment discrimination claims under Title VII of the Civil...more
On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. OH Dept. of Youth Services, which questioned whether the Sixth Circuit Court of Appeals correctly decided that a heterosexual plaintiff should have...more
The Puerto Rico Supreme Court has issued an opinion interpreting, for the first time, several provisions of the Puerto Rico Labor Reform Act of 2017, specifically holding the McDonnell Douglas burden-shifting framework...more
Since the decision of the U.S. Supreme Court in Students for Fair Admission, we have observed an increase in “reverse” discrimination claims where members of a majority group, such as whites or males, allege discrimination...more
Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more
We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more
Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and...more
Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims? That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question...more
For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more
The U.S. Women’s National Soccer Team’s (“WNT”) battle to increase pay in line with that afforded to the U.S. Men’s National Soccer Team (“MNT”) was dealt a blow last Friday as a judge dismissed their Equal Pay Act ("EPA")...more
Bringing positive news for employers and a welcome distraction from the COVID-19 crisis, the United States Supreme Court recently held that for claims of racial discrimination under Section 1981 of the Civil Rights Act of...more
Supreme Court Issues Unanimous Opinion Upholding But-For Causation in Section 1981 Discrimination Cases - The U.S. Supreme Court has issued a unanimous opinion holding that a plaintiff who sues for racial discrimination in...more
On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and...more
In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation....more
Surrounded by the confusion and anxiety of the current COVID-19 pandemic, it may feel refreshing to step back and consider some of the basic tenets of employment law. The U.S. Supreme Court’s recent decision in Comcast Corp....more
In a unanimous decision issued on March 23, 2020, the United States Supreme Court held that a but-for causation standard applies to claims brought under Section 1981 of the Civil Rights Act of 1866. The Supreme Court also...more
On Monday, March 23, the United States Supreme Court, in a nearly unanimous opinion, ruled that a plaintiff asserting race discrimination claims in the making of a contract under 42 U.S.C. § 1981 (Section 1981) bears the...more