News & Analysis as of

Diversity Reverse Discrimination

Parker Poe Adams & Bernstein LLP

Eighth Circuit Rejects Employees' Challenge to Equity Training

Federal courts are facing an increasing number of lawsuits from employees claiming that their rights were violated when they were required to attend diversity, equity, and inclusion (DEI) training. These suits have used...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more

Parker Poe Adams & Bernstein LLP

Mandatory Unconscious Bias Training Did Not Violate Title VII

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

Jenner & Block

One Year Later: The Implications of SFFA for Corporate America

Jenner & Block on

On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more

Husch Blackwell LLP

10th Circuit Court of Appeals Affirms that Mandatory Diversity Training does not Constitute Unlawful Discrimination

Husch Blackwell LLP on

Following the U.S. Supreme Court’s decision in Students for Fair Admissions v. Harvard, there has been in increase in litigation challenging employers’ Diversity, Equity, and Inclusion policies and practices. In one recent...more

Orrick, Herrington & Sutcliffe LLP

DEI Initiatives in Reverse Discrimination Claims: Circuit Courts Weigh-In

A federal appeals court has affirmed a jury verdict awarding nearly $4 million in lost wages, benefits, and interest to a white male employee who based reverse discrimination allegations in part on circumstantial evidence...more

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DEI Under Scrutiny, Part IV: Could the ‘Background Circumstances’ Rule for Discrimination Be Primed for Supreme Court Review?

With high-profile challenges to employer diversity, equity, and inclusion (DEI) initiatives and “reverse discrimination” claims on the rise, a case reinforcing the circuit split over whether plaintiffs from a “majority” group...more

Husch Blackwell LLP

Still “Business as Usual”: Recent Challenges to Company DEI Efforts

Husch Blackwell LLP on

On the heels of the United States Supreme Court’s decision limiting affirmative action in college admissions, we have seen an increase in workers who do not belong to historically underrepresented demographic groups filing...more

Seyfarth Shaw LLP

Supplier Diversity Programs Face Increased Scrutiny and Risk as the Spotlight Brightens on Corporate DEI Initiatives

Seyfarth Shaw LLP on

Seyfarth Synopsis: While the potential impact on private companies’ employee-focused DEI efforts has received much attention in the wake of the recent Supreme Court higher education affirmative action cases, another strategic...more

BCLP

What do recent lawsuits in the wake of Supreme Court decisions on Affirmative Action mean for your disclosures and DEI programs?

BCLP on

A flurry of recent lawsuits in the wake of the Supreme Court’s June decision on affirmative action have further muddied the waters for public companies trying to thread their way through competing interests....more

Seyfarth Shaw LLP

Between a Rock and a Hard Place–Employer’s Longstanding Efforts to Improve Diversity Leads to Accusation of “Reverse”...

Seyfarth Shaw LLP on

Seyfarth Synopsis: A recently filed “reverse” discrimination action in an Ohio federal court is reflective of a trend about which we recently cautioned employers. Namely, employers are facing a pushback–often by white, male...more

Cozen O'Connor

Employment Law Now IV-82- A Roundtable on the Impact of a President Biden on Labor and Employment Law

Cozen O'Connor on

In today’s new episode, Michael Schmidt is joined by a panel of five partners in Cozen O’Connor’s Labor and Employment Department to discuss the likely impact of a President Biden administration on key labor and employment...more

McAfee & Taft

Court rules employee’s termination not in retaliation for repeated complaints

McAfee & Taft on

In a recent case in federal court in Tulsa, Oklahoma, Carissa Nealis, a white woman and account executive for CoxCom, LLC, made a retaliation claim based on her reports of a coworker being treated unfairly....more

FordHarrison

Supreme Court Upholds University Affirmative Action Admissions Policy

FordHarrison on

On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fisher, the Sequel: Supreme Court Upholds Public University’s Affirmative Action Program

On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the...more

Miller Canfield

United States Supreme Court Approves Race-Conscious Admissions Policy

Miller Canfield on

On June 23, 2016, in its second trip to the United States Supreme Court, the High Court ruled in Fisher v. University of Texas at Austin, et al. No. 14-981 (June 23, 2016) that the University of Texas’ (“UT”) race-conscious...more

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