The U.S. Supreme Court has agreed to hear Crowther v. Board of Regents of the University System of Georgia, a case that could determine whether Title IX provides employees of federally funded educational institutions a private right of action for sex discrimination and retaliation claims.
Continue Reading Supreme Court Set to Resolve Circuit Split Over Title IX Applicability to Employment Discrimination Claims

The New Jersey Senate has introduced Bill S1631, which would expand the New Jersey Law Against Discrimination to prohibit discrimination based on height and weight in employment, housing, and public accommodations.…

Continue Reading Could New Jersey Soon Offer Height and Weight Protections Under the Law Against Discrimination?

Recently, Justices Thomas and Gorsuch have questioned whether the McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) framework remains the appropriate standard in certain employment related cases.…

Continue Reading Beyond Burden Shifting: What the Eleventh Circuit’s Latest Decision Might Mean for McDonnell Douglas

The recent case of Stedman v Haven Leisure Limited [2025] EAT 82 highlights key considerations for employers and individuals regarding disability discrimination protections under the Equality Act 2010. After Mr. Stedman’s job application was rejected, his claim of discrimination due to ADHD was initially dismissed. However, the Employment Appeal Tribunal overturned this decision, emphasizing the need for careful assessment of what constitutes a disability and reinforcing the rights of those with ADHD in the workplace.
Continue Reading UK Employment Appeal Tribunal Rules on Protection Against Disability Discrimination for Workers With ADHD and Autism

On 8 July, the UK Government announced plans to end the use of non-disclosure agreements in cases involving harassment and discrimination. The Employment Rights Bill is currently being examined by the House of Lords, following which it will return to the House of Commons and will likely pass into law later this year.…

Continue Reading UK Government Proposes Ban on NDAs in Harassment and Discrimination Cases

As employers around the globe are increasingly looking to leverage AI and AI-adjacent automation in their recruiting and personnel processes, California has stepped onto the scene. On June 27, 2025, the California Civil Rights Council approved several changes to the regulations issued under the California Fair Employment and Housing Act (FEHA), expressly targeting employment…

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, rejecting a heightened evidentiary burden for a plaintiff who is a member of a “majority group” under Title VII of the Civil Rights Act of 1964. Claims brought by such majority-group plaintiffs are sometimes referred to as “reverse discrimination” claims.
Continue Reading Supreme Court Eliminates Heightened Discrimination Standard Under Title VII

Starting Oct. 1, 2023, California employers must adhere to new regulations under the Fair Chance Act (FCA) concerning the use of an individual’s criminal history in employment decisions. These rules impact California Code of Regulations Title 2, Section 11017.1 and introduce additional steps for employers to follow when considering criminal history in hiring or other…

Reversing decades of precedent that limited the scope of Title VII of the Civil Rights Act, on Aug. 18, 2023, the Fifth Circuit en banc ruled in Hamilton v. Dallas County that “a plaintiff plausibly alleges a disparate-treatment claim under Title VII if she pleads discrimination in hiring, firing, compensation, or the ‘terms, conditions, or…

On June 30, 2023, the U.S. Supreme Court decided a case emanating from Colorado, with nationwide implication, 303 Creative LLC v. Elenis. SCOTUS held, by a 6-3 majority, that “the First Amendment prohibits Colorado from forcing a website designer to create expressive designs speaking messages with which the designer disagrees” – specifically, websites…