Insights Search
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 unanimously rejected the heightened “background circumstances” requirement imposed on Marlean Ames, a heterosexual woman who filed a gender and sexual orientation discrimination claim against her employer, the Ohio Department of Youth Services. The decision, as projected, confirms that a majority-group plaintiff is not required to proffer more evidence of discrimination than a non-majority-group plaintiff in order to state a prima facie claim under Title VII of the Civil Rights Act of 1964 (“Title VII”).
On March 19, 2025, the Equal Employment Opportunity Commission (“EEOC”) issued two technical assistance documents (the “DEI Guidance”) addressing the application of Title VII of the Civil Rights Act of 1964 (“Title VII”) to employers’ diversity, equity, and inclusion (“DEI”) policies and practices.
In the first ten days of his second term, President Trump has already made significant moves impacting the labor and employment landscape. Some actions were expected (see our prior predictions), while others are unprecedented.
On April 17, 2024, the U.S. Supreme Court in Muldrow v. St. Louis held that an employee who claimed she was involuntarily transferred to another position because of her sex in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) needed only to show that the transfer caused “some harm respecting an identifiable term or condition of employment”
Addressing what it deemed an “interpretive incongruity,” on August 18, 2023, the Fifth Circuit shifted nearly 30 years of Title VII disparate treatment precedent in Hamilton et al. v. Dallas County.
As many employers are likely aware, Title VII makes it illegal for covered employers to discriminate against employees and applicants based on certain protected characteristics, including sincerely held religious beliefs.
In the aftermath of the recent U.S. Supreme Court decision striking down the race-conscious admissions systems of two universities in a six-to-three decision (the “SFFA Decision”), commentators are asking about the impact of the ruling on corporate employment decisions; diversity, equity and inclusion (DEI) programs; and environmental, social and governance (ESG) efforts.
Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.