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.
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The U.S. Equal Employment Opportunity Commission (EEOC) final rule implementing the Pregnant Workers Fairness Act (PWFA) went into effect June 18, 2024, but not without legal challenge.

The final rule, covered in a previous GT Alert, requires employers to offer reasonable workplace accommodations to workers who are pregnant or have a condition related to…

The U.S. Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment, which includes advice to employers concerning online misconduct, LGBTQ rights, and abortion issues. The guidance is open for public comment until Nov. 1, 2023. This is the first guidance the EEOC has issued on harassment since its 1999 “Enforcement Guidance…

On Aug. 9, 2023, a tutoring company agreed to pay $365,000 to settle an artificial intelligence (AI) lawsuit with the Equal Employment Opportunity Commission (EEOC). The settlement comes on the heels of multiple EEOC warnings to employers about potential discrimination associated with the use of AI for hiring and workplace decisions.

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Artificial Intelligence (AI) and automated employment decision tools (AEDT) can be useful for employers in the hiring process. They may be used for myriad tasks, from sifting through employment applications to predicting applicant or employee honesty. Their use, however, comes with a specific legal risk: they may create a disparate impact, as we examine further…

On June 29, 2023, the U.S. Supreme Court decided Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, holding that Harvard College and the University of North Carolina (UNC)’s admissions programs violated the Equal Protection Clause of the Fourteenth Amendment. While the decision does not directly impact private employers’ diversity, equity…

The federal Pregnant Workers Fairness Act (PWFA or the Act) will take effect June 27, 2023. The Act requires “covered employers” to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an “undue hardship.” The Equal Employment Opportunity Commission (EEOC) will…

The Americans with Disabilities Act (ADA) was signed into law in 1990, and Title I of the ADA provides a framework for ensuring that people with disabilities are treated fairly in the workplace and have access to employment opportunities. The Equal Employment Opportunity Commission (EEOC) – the federal agency charged with enforcing the ADA –…

On Oct. 25, 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance and updated the same on Oct. 28, to assist employers who receive requests for religious accommodations from job applicants and employees regarding Coronavirus Disease 2019 (COVID-19) vaccine mandates. This GT Alert provides considerations for employers when evaluating such a request for a religious…