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Supreme Court of the United States › Reverse Discrimination

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Ballard Spahr LLP

American Alliance for Equal Rights Files Complaints with the IRS Seeking Investigations into Tax-Exempt Foundations Based on...

Ballard Spahr LLP on

On April 1, 2025, the American Alliance for Equal Rights (“AAER”) filed complaints with the Internal Revenue Service (“IRS”) alleging three tax-exempt private foundations—the Gates Foundation, the Lagrant Foundation and the...more

Morrison & Foerster LLP

2024 State AGs Year in Review - UPDATED 4/1/25

Morrison & Foerster LLP on

In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

Tucker Arensberg, P.C.

Distilling the Latest DEI Developments: Understanding Recent Federal Guidance and the Significance of the “Reverse” Discrimination...

Tucker Arensberg, P.C. on

On January 21, 2025, President Trump issued an Executive Order, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” aimed at ending illegal Diversity, Equity, and Inclusion (DEI) initiatives and...more

McCarter & English, LLP

EEOC and DOJ Focus on “DEI-Related Discrimination”: What Should Employers Do Differently?

McCarter & English, LLP on

On March 19, 2025, the United States Equal Employment Opportunity Commission (EEOC) and the United States Department of Justice (DOJ) issued two “technical assistance documents” that address potentially unlawful employment...more

Vedder Price

EEOC Technical Guidance Warns Against DEI-Related Discrimination at Work

Vedder Price on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance guidance documents (found here and here) focused on educating “the public about how well-established civil rights...more

Ice Miller

Employers Take Note: The “Background Circumstances” Rule in Reverse Discrimination Cases May Soon be a Thing of the Past

Ice Miller on

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

Fisher Phillips

SCOTUS Predictions: Court Will Make It Easier for Majority-Group Plaintiffs to Assert Title VII Claims, No More “Reverse”...

Fisher Phillips on

The Supreme Court is likely to soon rule that majority-group plaintiffs must meet the same pre-trial evidentiary burden applicable to minority-group plaintiffs – and nothing more – in workplace discrimination claims under...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of the United States Poised to Clarify Standard in Discrimination Claims

Vorys, Sater, Seymour and Pease LLP on

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

Benesch

Supreme Court Appears Poised to Do Away With Additional Burdens on Reverse-Discrimination Plaintiffs

Benesch on

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

Offit Kurman

Examining the US Supreme Court’s “Reverse Discrimination” Case: Fueling the DEI Fight

Offit Kurman on

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services. This case that could significantly impact the standards for proving employment discrimination claims under Title...more

Whiteford

Employment Law Update: Supreme Court Hears Argument on Reverse Discrimination Claim with Implications for DEI

Whiteford on

Just as employers are reconsidering their approach to DEI and the myriad of potential risks such policies could present under current administration enforcement priorities, the Supreme Court recently heard arguments in a case...more

McAfee & Taft

SCOTUS to weigh in on reverse discrimination claim brought by heterosexual employee

McAfee & Taft on

Last week, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, an employment discrimination lawsuit that focused on a reverse discrimination claim under Title VII of the Civil Rights Act...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to clarify legal standard for “reverse” bias claims

Constangy, Brooks, Smith & Prophete, LLP on

On February 26, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case involving the appropriate standard for plaintiffs in a “reverse” discrimination case. Marlean Ames sued the...more

Husch Blackwell LLP

Supreme Court Poised to Strike Down Reverse Discrimination Standard

Husch Blackwell LLP on

On February 26, 2025, the U.S. Supreme Court heard oral arguments in Ames v. Ohio Department of Youth Services, a case that challenges the heightened evidentiary burden imposed on majority-group plaintiffs in Title VII...more

Proskauer - Law and the Workplace

U.S. Supreme Court Hears Oral Argument in Reverse Sex Discrimination Case

Proskauer - Law and the Workplace on

On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher...more

Vinson & Elkins LLP

Supreme Court Signals it Will Reject Heightened Burden for Majority Group Plaintiffs in “Reverse Discrimination” Employment Claims

Vinson & Elkins LLP on

On February 26, 2025, the Supreme Court and all three counsel appearing before it in Ames v. Ohio Department of Youth Services, appeared to walk away in “radical agreement” — as noted by Justice Neil Gorsuch — that a...more

Epstein Becker & Green

Dictionary Definitions Prove Decisive - SCOTUS Today

Epstein Becker & Green on

Yesterday was a day of unanimity at the U.S. Supreme Court, and what the Justices were unanimous about was a textually literal approach to applying dictionary definitions to resolve statutory disputes....more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

McGlinchey Stafford

Will DEI Programs Become Extinct Under the Trump Administration?

McGlinchey Stafford on

In an effort to embrace diversity and inclusion, many employers established Diversity, Equity, and Inclusion (DEI) programs. The look of these programs varied from company to company; however, many of the programs...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Hear Reverse Discrimination Appeal

Parker Poe Adams & Bernstein LLP on

A few months ago, we published an alert noting that the U.S. Supreme Court had agreed to hear Ames v. Ohio Department of Youth Services. The case addresses whether plaintiffs alleging reverse discrimination under Title VII...more

Cozen O'Connor

Democratic AGs Pen Letter Opposing Walmart’s Decision to End Diversity Initiatives

Cozen O'Connor on

A group of 13 Democratic AGs wrote a letter to Walmart’s President and CEO expressing concern about Walmart’s announcement that it will end certain aspects of its diversity, equity, and inclusion (DEI) initiatives....more

Brooks Pierce

Counting Down to the New Year: Ten “Need-to-Know” Labor and Employment Developments of 2024

Brooks Pierce on

2024 was yet another active year in the labor and employment landscape. While 2025 and the new administration could bring any number of changes to workplace laws and enforcement, the timing and extent of such changes is...more

Mintz - Employment Viewpoints

SCOTUS Takes Up Reverse Discrimination Framework Under Title VII

Mintz - Employment Viewpoints on

The U.S. Supreme Court recently granted cert in a hotly contested case addressing the standards of proof applicable to reverse discrimination claims under Title VII. The case comes on the heels of the court’s decision last...more

Nilan Johnson Lewis PA

Reverse Discrimination and Pay Equity

Nilan Johnson Lewis PA on

Employers have seen a significant increase in reverse race and gender discrimination claims over the last four years. White and male employees are arguing that employer efforts to address historic race and gender inequities...more

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