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Supreme Court of the United States › Reverse Discrimination › Race 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...

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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

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

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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?

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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

Constangy, Brooks, Smith & Prophete, LLP

The rise of “reverse” discrimination claims

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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

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

Supreme Court to Hear Heterosexual Woman’s Reverse Discrimination Case

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

The Supreme Court of the United States has agreed to hear a case in which a female heterosexual employee claimed an Ohio state agency discriminated against her in favor of employees who identify as LGBTQ+. The case, Ames v....more

Paul Hastings LLP

SCOTUS to Review Standard for Pursuit of Title VII Reverse Discrimination Cases

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Following the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and Students for Fair Admissions, Inc. v. University of North Carolina, reverse discrimination...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

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Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

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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

Kaufman & Canoles

Top 5 Takeaways from the 2024 Sports Lawyers Association Conference

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Earlier this month, firm Associate Will Palmer attended the 49th Annual Sports Lawyers Association conference in Baltimore, MD. In addition to networking with plenty of amazing sports lawyers, risk management, and sports...more

Husch Blackwell LLP

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

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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

Seyfarth Shaw LLP

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

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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

FordHarrison

Supreme Court Upholds University Affirmative Action Admissions Policy

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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

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

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

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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

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

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

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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

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