The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination.
Articles Discussing Title VII Of The Civil Rights Act Of 1964.
SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases
In the first few days of his second presidential term, newly inaugurated President Trump signed a number of executive orders that will have an impact on the health care industry, some issuing new policies and some rescinding policies set forth by prior administrations.
EEOC Fact Sheet on Wearable Technologies Indicates Growing Concern
The EEOC’s new fact sheet on wearable technologies under employment anti-discrimination laws addresses collecting and using information from wearables, and reasonable accommodations.Many states have
New EEOC Guidance on the Use “Wearables”
Last week, the Equal Employment Opportunity Commission (EEOC) released a fact sheet entitled, “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws.” “Wearables,” defined as electronic or
Federal Contractors Have Until December 9, 2024 To Object To The Release Of Their 2021 EEO-1 Type 2 Reports Under New FOIA Requests to OFCCP
Federal contractors have until December 9, 2024 to file written objections to disclosure of their EEO-1 reports by the OFCCP in response to a recent FOIA request.
Federal Contractors: Your 2021 EEO-1s Might Be Disclosed by OFCCP If You Don’t Object!
The Office of Federal Contract Compliance Programs (OFCCP) has announced through its website and the Federal Register a new Freedom of Information Act (FOIA) request targeting federal contractors’ Type 2 Consolidated EEO-1 Reports for the year 2021. The new FOIA request is entirely separate from the previous request made in
High Court to Review Standard Applied to “Reverse Discrimination” Cases
On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting “reverse discrimination” claims under Title VII must show there are “background circumstances” that support the inference that
What is the impact of Muldrow v. City of St. Louis on discrimination claims under Title VII?
11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful
On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the majority found the grant contest “substantially likely to violate” 42 USC Section 1981,
It’s about Tyne to Try Something New: The Burden of the Standard of Proof
In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases.
U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim
An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant, the U.S. Supreme Court held in Muldrow v. City of St. Louis, Mo., No. 22-193 (Apr. 17, 2024).
Supreme Court Clarifies Standard Employees Must Show for Title VII Discrimination Claims
In Muldrow v. City of St. Louis, the U.S. Supreme Court purports to clarify the standard of harm employees must show when alleging an involuntary transfer was discriminatory
US Supreme Court Holds Lateral Job Transfers Can Be Discriminatory Under Title VII
By: US Supreme Court Holds Lateral Job Transfers Can Be Discriminatory Under Title VII
By: US Supreme Court Holds Lateral Job Transfers Can Be Discriminatory Under Title VII
On April 17, 2024, the United States Supreme Court delivered a win to employees holding that a lateral job transfer can be discriminatory under
High Court Lowers the Bar on Title VII Claims: “Significant” Harm No Longer Required
On April 17, 2024, the Supreme Court decided that employees do not need to suffer “significant” harm to state a claim of discrimination under Title VII. In so ruling, the Court rejected a level of proof as to harm that many lower courts had long required Title VII plaintiffs establish
Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims
On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the transfer caused some identifiable harm, but the harm does not need