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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 October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published proposed enforcement guidance on workplace harassment, which, if finalized, would be the first update to workplace harassment guidance by the EEOC in nearly 25 years.