News & Analysis as of

Reverse Discrimination

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

by 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

Fifth Circuit Derails Reverse Discrimination Claims Against Amtrak

by Zuckerman Spaeder LLP on

White male discontent has been a major media talking point since the presidential election, and even long before. This talking point has made its way into the workplace, where tech firms are now being targeted for allegedly...more

Is “Reverse Discrimination” Still A Thing?

A recent study in Australia sought to determine whether “de-identifying” applications – removing any information relating to race and gender – would eliminate the effects of implicit or unconscious bias and “help promote...more

Professor Terminated For Relationship With Admitted Student Allowed to Move Forward With Title IX Retaliation Claim

by Bowditch & Dewey on

A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual...more

Reverse Discrimination Protections Do Not Include Family Relationship with Alleged Racist

Title VII’s discrimination prohibitions include actions taken against white employees based on their race. Last month in an unusual, unpublished decision, the Fifth Circuit Court of Appeals concluded that reverse...more

Court finds Onionhead a religion in reverse religious discrimination case

by McAfee & Taft on

Many of you who read the headline about “Onionhead” being considered a religion in the context of a discrimination case may have guffawed or shaken your head in disbelief. The 102-page opinion by U.S. District Court Judge...more

Company Practices "Onionhead" – Employees Cry Reverse Religious Discrimination

by Littler on

A New York federal court recently sided with the Equal Employment Opportunity Commission (“EEOC”) as to whether a company’s internal conflict-resolution program was religious in nature. Because the program—called...more

Natasha Baker Breaks Down Fisher II on Law360

by Hirschfeld Kraemer LLP on

On June 23, 2016, the U.S. Supreme Court issued its long-awaited decision in Fisher v. University of Texas at Austin (Case No. 14–981)(Fisher II), ending nearly eight years of litigation involving UT’s use of race as a factor...more

Unexpected Affirmative Action News: The U.S. Supreme Court Affirms that Universities and Colleges May Continue to Use Race as a...

by Hirschfeld Kraemer LLP on

On June 23, 2016, in Fisher v. University of Texas et al., (“Fisher II”), the United States Supreme Court voted 4-3 to uphold the limited use of race in college and university admissions. The result was somewhat surprising...more

Supreme Court Upholds University Affirmative Action Admissions Policy

by 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

The Supreme Court - June 2016 #6

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases on June 23, 2016: Fisher v. University of Texas at Austin, No. 14-981: Petitioner Abigail Fisher applied for admission to the University of Texas at...more

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

United States Supreme Court Approves Race-Conscious Admissions Policy

by 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

Employment Law Navigator – Week in Review: February 2016 #2

by Zelle LLP on

We’ve written a lot about employee health data and the inherent risks of requesting and maintaining this sensitive information. Last week, Forbes published a post arguing that employee health data could be the next business...more

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry...more

Friendly Reminder: Reverse Discrimination Is Against The Law, Too

Pretty obvious, but a decision issued this week serves as a good reminder to employers that all race discrimination is illegal, whether it’s against members of minority groups or whether it’s against Caucasians. A...more

Mintz Levin 2nd Annual Employment Law Summit – Enhancing Workplace Diversity and Dispelling Myths Regarding Reverse Discrimination...

As wise employers focus strategic initiatives to enhance diversity and inclusion in the workplace, we periodically receive questions about limitations for proactive approaches in this area. To be clear, companies that...more

OFCCP Reminds Us Men Can Be Victims Of Sex Discrimination, Too

by Miles & Stockbridge P.C. on

The federal Office of Federal Contract Compliance Programs (OFCCP) recently filed an administrative complaint alleging hiring bias against men against AmeriQual, an Indiana company that manufactures portable meals for the...more

New York Court of Appeals Applies Federal Impact Analysis Under State Law

Margerum v. City of Buffalo, 24 N.Y.3d 721 (N.Y. Feb. 17, 2015): The New York Court of Appeals held that, where an employer has allegedly engaged in intentional discrimination to avoid or remedy an unintentional disparate...more

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

Gender and Reverse Discrimination in the Workplace

by Benesch on

Ohio’s Fifth Appellate District recently handed down a decision relevant to all Ohio employers. Caiazza v. Mercy Med. Ctr., 2014-Ohio-2290 (Ohio Ct. App. 2014) highlights the importance of treating all employees equally,...more

Sixth Circuit Finds Employer Had A Reasonable Justification For Differential Treatment

by Pierce Atwood LLP on

There is a reason every human resources expert preaches consistency: to prove employment discrimination where there is no smoking gun evidence of discriminatory intent, the plaintiff must generally show that he or she was...more

Sixth Circuit Affirms Dismissal Of “Reverse” Racial Discrimination Claim Against Cracker Barrel

by Varnum LLP on

In Martinez v. Cracker Barrel Old Country Store Inc., Case No. 11-2189 (6th Cir. Jan. 10, 2013), in a published decision, the Sixth Circuit affirmed the dismissal of a "reverse" racial discrimination claim arising out of...more

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