News & Analysis as of

Sexual Orientation Discrimination

Whiteford

Employment Law Update: EEOC Reset: What a New Majority and Shifting Priorities Mean for Employers

Whiteford on

The U.S. Equal Employment Opportunity Commission’s (“EEOC”) posture has shifted, and employers should take note. With the recent confirmation of a second Republican EEOC commissioner – Brittany Panuccio – the EEOC has a...more

Tucker Arensberg, P.C.

Supreme Court of the United States Lowers Burden of Proof for “Reverse Discrimination” Title VII Claims

Tucker Arensberg, P.C. on

Marlean Ames (“Plaintiff”), a heterosexual woman, was an employee of the Ohio Department of Youth Services (“the Department”). Ames was hired by the Department in 2004 for a secretarial position but was later promoted to...more

Jackson Lewis P.C.

PA’s Chester County Creates Human Rights Commission; Employers to Face Expanded List of Protected Classes

Jackson Lewis P.C. on

The Chester County Board of Commissioners recently adopted Ordinance No. ORD-2025-03, creating the Chester County Human Relations Commission (CCHRC) and enacting broad countywide nondiscrimination provisions covering...more

Proskauer - California Employment Law

Ministerial Exception Barred Employee’s Discrimination Claims

McMahon v. World Vision, Inc., 147 F.4th 959 (9th Cir. 2025) - World Vision, a religious organization, revoked a job offer it had made to Aubry McMahon to be a remote customer service representative after learning that...more

Ballard Spahr LLP

Former EEOC Director Files Complaint Alleging Pattern of Discrimination Against Transgender and Nonbinary Employees

Ballard Spahr LLP on

Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Uses Prior Comments by Non-Decisionmaker to Reverse Dismissal of Discrimination Claim

When litigating employment discrimination claims, plaintiffs frequently base their allegations on alleged disparaging comments made by a member of the company’s management. When that manager was the one who made a decision...more

Tucker Arensberg, P.C.

What Employers Need to Know After Supreme Court’s Reverse Discrimination Decision

On June 5, 2025, the Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, 145 S. Ct. 1540 (2025), making clear that an employee-plaintiff who is a member of a majority group cannot be held...more

Offit Kurman

Sustaining LGBTQ+ Inclusivity: Legal and Workplace Strategies After Pride Month 2025

Offit Kurman on

Pride Month 2025, commemorating the 1969 Stonewall Riots, celebrates the LGBTQ+ community’s contributions, but inclusivity must extend beyond June to foster workplaces where everyone feels valued. Navigating the complex legal...more

Proskauer - California Employment Law

Supreme Court Invalidates Heightened Evidentiary Standard For Majority-Group Plaintiffs

Ames v. Ohio Dep’t of Youth Servs., 605 U.S. ___, 145 S. Ct. 1540 (2025) - Marlean Ames, a heterosexual woman, alleged under Title VII that she had been denied a management promotion and demoted based on her sexual...more

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

Conn Maciel Carey LLP on

Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Jones Day

U.S. Supreme Court Ends Heightened Evidentiary Hurdle for "Majority Group" Plaintiffs in Title VII Discrimination Cases

Jones Day on

On June 5, 2025, the Supreme Court decided Ames v. Ohio Department of Youth Services and held that a "majority group" plaintiff in a Title VII case need not satisfy a heightened evidentiary burden to establish a prima-facie...more

Fisher Phillips

In the Crosshairs: Untangling the Legal Landscape on LGBTQ+ Workplace Rights Under Title VII

Fisher Phillips on

The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun...more

Cranfill Sumner LLP

Supreme Court Unanimously Rejects “Background Circumstances” Requirement for “Reverse Discrimination” Claims

Cranfill Sumner LLP on

The U.S. Supreme Court unanimously held on June 5, 2025, that majority group plaintiffs are not required to meet a heightened evidentiary standard of showing “background circumstances” to establish a prima facie case of...more

Kelley Drye & Warren LLP

Unanimous Supreme Court Decision Potentially Prompts Future Litigation

The Supreme Court’s June 5, 2025 decision to revive a heterosexual woman’s discrimination suit on the basis of sexual orientation against her employer could open a floodgate of future litigation. In a unanimous ruling...more

Lerch, Early & Brewer

Supreme Court Clarifies: Title VII Protects

Lerch, Early & Brewer on

Earlier this month, the United States Supreme Court confirmed that Title VII of the Civil Rights Act of 1964 guarantees equal protection to all employees, even if they belong to majority or minority groups....more

Perkins Coie

SCOTUS Clarifies Law on “Majority-Group” Title VII Claims

Perkins Coie on

Key Takeaways - - The Supreme Court of the United States unanimously held in Ames v. Ohio Department of Youth Services that a plaintiff who is a member of a majority group does not need to show additional “background...more

Vinson & Elkins LLP

Supreme Court Sides with Heterosexual Woman: Majority Plaintiffs and Minority Group Plaintiffs Alike Need the Same Evidence of...

Vinson & Elkins LLP on

On June 5, 2025—in the midst of heightened scrutiny of diversity, equity, and inclusion (“DEI”) initiatives triggered by executive orders issued by President Trump as well as various federal agency guidance—the Supreme Court...more

Snell & Wilmer

United States Supreme Court Rejects Heightened Prima Facie Standard for “Majority” Plaintiffs in Title VII Cases

Snell & Wilmer on

A unanimous Supreme Court decision in Ames v. Ohio Department of Youth Services clarified that Title VII plaintiffs who are members of a majority group have the same standard for establishing their claim as a plaintiff who is...more

Butler Snow LLP

Ames v Ohio Department of Youth Services: SCOTUS Removes Additional Requirement in “Reverse Discrimination” Cases

Butler Snow LLP on

In a decision issued June 5, 2025, the United States Supreme Court unanimously found that the burden of proof on a plaintiff asserting an employment discrimination claim is the same, regardless of whether the plaintiff is...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Warner Norcross + Judd on

On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

Bricker Graydon LLP

Supreme Court Rejects “Background Circumstances” Requirement for Title VII Discrimination Claims in Ames v. Ohio Department of...

Bricker Graydon LLP on

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

Cole Schotz

U.S. Supreme Court Issues Reversal for Title VII “Reverse Discrimination” Claims

Cole Schotz on

On June 5, 2025, in a 9-0 opinion, the United States Supreme Court ruled in Ames v. Ohio Dept. of Youth Services that members of a “majority group” do not have to satisfy a heightened evidentiary standard to prevail on a...more

Harris Beach Murtha PLLC

SCOTUS Rejects Heightened Standard for Title VII Majority Group

In Ames v. Ohio Dep’t of Youth Servs., No. 23-1039, 2025 WL 1583264, (U.S. June 5, 2025), the U.S. Supreme Court unanimously held that majority group plaintiffs (in this instance, a heterosexual plaintiff) do not need to meet...more

Morrison & Foerster LLP

Texas Federal Court Vacates Gender Identity-Related Sections of the EEOC’s 2024 Harassment Guidance but Other Sections Remain...

On May 15, 2025, a federal district court in Texas vacated sections of the Equal Employment Opportunity Commission’s (EEOC or the “Commission”) 2024 Enforcement Guidance on Harassment in the Workplace (the “2024 Enforcement...more

Morgan, Brown & Joy, LLP

Supreme Court Clarifies Standard for So-Called “Reverse” Discrimination Claims

On June 5, 2025, the Supreme Court held that majority group plaintiffs do not have to meet a higher evidentiary standard than minority group plaintiffs to support their discrimination claims under federal law. In Ames v. Ohio...more

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