On June 5, 2025, the U.S. Supreme Court issued a unanimous decision clarifying the evidentiary standard for Title VII disparate treatment claims. The Court held that plaintiffs who are members of a majority group—such as heterosexuals, men, or whites—are not required to meet a heightened evidentiary burden to establish a prima facie case of discrimination.
reverse discrimination
Diversity Initiatives that Grant Advantages to Underrepresented Groups Can Give Rise to Discrimination Claims
By Russell Cawyer & Lanie Bennett on
The U.S. Supreme Court is considering the future viability of affirmative action plans in the academic sphere and could make significant changes to the legality of race-based admissions policies in colleges and universities. Like academia, over the last twenty years, many companies have adopted diversity and affirmative action programs (even where not required by…
U.S. Supreme Court Holds City Discriminated Against White Connecticut Firefighters
By Russell Cawyer on
Posted in Discrimination, Judicial Updates
In one of the most anticipated employment discrimination cases in years, the U.S. Supreme Court held that the City of New Haven discriminated against non-minority firefighters when it chose to ignore the test results of a racially-neutral promotional exam because too few minorities scored high enough on the test to be considered for promotion. I previously wrote about this case and outlined…
U.S. Supreme Court To Hear Oral Argument in Reverse Discrimination Case
By Russell Cawyer on
Posted in Discrimination
Adam Liptak of the New York Times had an interesting preview about an important employment law case scheduled to be argued before the U.S. Supreme Court this month. In Ricci v. Destafano, scheduled for oral argument on April 22, 2009, the Court is being asked to determine whether the City of New Haven’s…