Description
In Ames v. Ohio Dep’t of Youth Services (2025), the U.S. Supreme Court recently struck down precedent placing a higher evidentiary burden on members of a majority group bringing discrimination claims under Title VII. The Court rejected the heightened evidentiary standard adopted by the Sixth Circuit, the "background circumstances" rule, that required plaintiffs of a majority group to provide additional evidence that the employer was an "unusual" or "rare" entity that discriminates against the majority. This was evidence beyond what was required of minority plaintiffs under the first prong of the McDonnell Douglas framework. In a concurring opinion, Justice Thomas and Justice Gorsuch questioned the suitability of the McDonnell Douglas framework in its entirety.
The Ames decision, in conjunction with the new administration's executive orders targeting DEI and eliminating the use of disparate impact claims, as well as the EEOC's guidance aimed at discrimination related to DEI initiatives, has significant implications for employers. Employers are likely to see an increase in discrimination claims, including those challenging DEI initiatives, by plaintiffs who have historically been part of majority groups.
Therefore, counsel should understand the evolving legal landscape surrounding workplace discrimination claims to best guide their employer clients through policy review and development to be in the best position to defend against such claims. Counsel should also be able to advise clients, who may be subject to more stringent state anti-discrimination laws, on how to remain compliant without risking federal enforcement activity.
Listen as our expert panel examines Ames in conjunction with the current administration's anti-discrimination initiatives. The panel will discuss the impact the current regulatory environment may have on employers' anti-discrimination efforts and offer best practices to mitigate the risk of discrimination claims.
Presented By
Mr. Abboud represents clients on a broad range of employment issues, including wage-and-hour, discrimination and retaliation, and whistleblower matters. He has represented clients in all stages of litigation, from intake to appeal, before federal and state courts and administrative agencies. Prior to joining the firm, Mr. Abboud worked at the Department of Labor, where he advised investigators and represented the government in enforcement actions involving the Fair Labor Standards Act, the Davis-Bacon and Related Acts, and whistleblower laws like the Sarbanes-Oxley Act.
Mr. Mitchell is a trusted advocate for sophisticated companies navigating high-stakes litigation, sensitive employment disputes, and emerging legal challenges involving artificial intelligence. A seasoned litigator, he represents both plaintiffs and defendants in complex commercial and employment-related litigation across a wide array of industries—including healthcare, higher education, manufacturing, real estate, automotive, and financial services. Mr. Mitchell brings particular strength to disputes involving senior executives, business torts, restrictive covenant violations, trade secret misappropriation, discrimination, harassment, retaliation, whistleblowing, and wrongful termination. In addition to his litigation practice, Mr. Mitchell counsels companies navigating the evolving legal landscape surrounding AI. His work includes addressing algorithmic bias in employment decisions, shaping practical and defensible AI use policies, and guiding the protection of AI-driven innovation through trade secret law. By bridging emerging regulatory risk with thoughtful litigation strategy, Mr. Mitchell serves as a forward-thinking resource for businesses deploying cutting-edge technologies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, September 10, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Introduction
II. Employment discrimination and the new administration
A. EOs targeting DEI, disparate impact claims
B. EEOC guidance on unlawful DEI-related discrimination
III. Ames v. Ohio Dept. of Youth Services (2025)
IV. Potential employer impact
A. Policies, DEI initiatives
B. Expected uptick in employment discrimination claims
C. State law interaction
V. Best practices for policy development and defense of discrimination claims
VI. Practitioner takeaways
The panel will review these and other important issues:
- How does Ames significantly change precedent related to the evidentiary standard required of "majority" group plaintiffs under Title VII?
- What impact may Ames along with other anti-discrimination measures being taken by the Trump administration have on employers?
- What challenges face employers who may have to navigate more stringent state anti-discrimination laws while maintaining federal compliance?
- What are best practices for employer policy development? For being in a position to defend against Title VII discrimination claims?
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