In our March 24 2025, blog post we discussed the federal Equal Employment Opportunity Commission’s (EEOC) recent guidance regarding what constitutes unlawful “diversity, equity, and inclusion” (DEI) policies. Among other things, the guidance specifies that
Articles Discussing General Issues Under Title VII.
Supreme Court Expresses Skepticism Over Higher Burden in Majority Discrimination Cases
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.
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
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.
Muldrow v. City of St. Louis: Will SCOTUS Lighten the Prima Facie Burden For Title VII Plaintiffs?
Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.
Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts
Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held, overturning precedent. Hamilton v. Dallas County, No. 21-10133, 2023 U.S. App. LEXIS 21780 (Aug. 18, 2023).
Fifth Circuit Overturns Decades-Old Precedent, Expands Scope of Employment Discrimination Claims
On Friday, August 18, the US Court of Appeals for the Fifth Circuit issued a landmark decision overturning nearly 30 years of precedent limiting plaintiffs in Title VII cases to claims based on “ultimate employment decisions.” Where previously employment discrimination claims were limited to actions such as “hiring, granting leave, discharging, promoting, and compensating,” employees can now pursue claims based on any discriminatory practice that alters the “terms, conditions, or privileges of their employment.”
The Fifth Circuit Announces New Standard for Pleading a Title VII Claim
The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision” to properly allege a disparate treatment claim.