Race Discrimination » Employment Law Information Network

Tenth Circuit Holds Single Sensitivity Training Can’t Support Hostile Environment Claim

Ogletree Deakins — Thu, 14 May 2026 15:51:27 +0000

On May 11, 2026, the Tenth Circuit Court of Appeals held that a single mandatory racial sensitivity training did not meet the high bar for a hostile work environment claim under Title VII of the Civil Rights Act of 1964 or Section 1981 of the Civil Rights Act of 1866.

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Third Circuit Finds Zip Codes May Be Impermissible Proxy for Race in Selective High School Admissions

Ogletree Deakins — Mon, 16 Feb 2026 22:01:19 +0000

On February 2, 2026, in Sargent v. School District of Philadelphia, the U.S. Court of Appeals for the Third Circuit reversed a lower court’s grant of summary judgment for the School District of Philadelphia, which faced challenges to the district’s admissions policies for its most selective high schools. The court

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Defensible Decisions: The EEOC’s New Direction and Courts’ Expanding View of Workplace Harm (Podcast)

Ogletree Deakins — Mon, 09 Feb 2026 22:12:12 +0000

In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) sits down with Nonnie Shivers (office managing shareholder, Phoenix) to discuss the implications for employers following EEOC Chair Andrea Lucas’s social media video soliciting discrimination charges from white males. Scott, who is chair of the firm’s Workforce Analytics

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OMB Extends Deadlines on Race/Ethnicity Data Overhaul

Ogletree Deakins — Tue, 21 Oct 2025 13:18:08 +0000

On September 26, 2025, the White House Office of Management and Budget (OMB) extended two timelines under Statistical Policy Directive No. 15 (SPD 15): Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity. In 2024, OMB issued updates to the race and ethnicity categories that are used

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Supreme Court Brings Clarity to “Reverse Discrimination” Claims

Maynard Nexsen PC — Wed, 09 Jul 2025 13:42:39 +0000

On June 5, 2025, the U.S. Supreme Court issued a unanimous opinion in which it held that Title VII does not impose a heightened or different burden of proof for majority-group plaintiffs. Simply put, “reverse discrimination” Title VII claims should be interpreted using the same framework as any other Title VII claim.

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Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP — Sun, 09 Mar 2025 21:59:02 +0000

By: Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the demotion and the employee’s […]

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DEI Under Scrutiny, Part XII: Scope of Pending Legal Challenge to Nasdaq’s Diversity Rule Narrows

Ogletree Deakins — Wed, 14 Aug 2024 14:37:09 +0000

On July 25, 2024, the U.S. Securities and Exchange Commission (SEC) notified the U.S. Court of Appeals for the Fifth Circuit that at least part of the basis for the currently pending legal attack on the Nasdaq’s proposed diversity rule is now moot, thus narrowing the scope of the court’s

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U.S. Census Bureau Seeks Feedback on Implementing New Federal Race and Ethnicity Categories in 2027

Ogletree Deakins — Wed, 24 Jul 2024 21:09:57 +0000

The U.S. Census Bureau is seeking feedback on its plan to implement the White House’s newly adopted statistical standards for race and ethnicity data collection for federal agencies in 2027. Federal agencies must implement the new categories as soon as possible, but no later than March 28, 2029.

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Celebrating AANHPI Heritage Month: Innovation Leads to Growth

Littler — Mon, 27 May 2024 22:19:15 +0000

In honor of this year’s Asian American, Native Hawaiian and Pacific Islander Heritage Month theme “Advancing Leaders Through Innovation,” Littler associate Ed Tsui spoke with Littler shareholder, Lavanga Wijekoon, who shared how he has been able to advance his practice at the firm through innovation.

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OMB Announces New Agency Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity

Littler — Tue, 02 Apr 2024 17:27:34 +0000

On March 29, 2024, the Office of Management and Budget (OMB) published revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). These changes will impact how companies collect the race and ethnicity data for their federal reporting.

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White House Publishes Revisions to Federal Agency Race and Ethnicity Reporting Categories

Ogletree Deakins — Sun, 31 Mar 2024 21:41:23 +0000

On March 28, 2024, the White House unveiled revisions to the federal statistical standards for race and ethnicity data collection for federal agencies, adding a new category and requiring a combined race and ethnicity question that allows respondents to select multiple categories with which they identify.

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Celebrating Black History Month: From Litigation to Literature

Littler — Sun, 03 Mar 2024 21:41:47 +0000

As February comes to a close, we end our celebration of Black History Month with a podcast featuring Littler attorneys and authors in honor of this year’s theme “African Americans and the Arts.” Littler attorney Karimah Lamar, has a thought-provoking conversation with fellow Littler attorneys Michael Wilder and Tiffany Obeng, who

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What is “Fairness”?

Shaw Law Group, PC — Wed, 27 Sep 2023 13:00:00 +0000

In this episode, Jen explains the difference between “fairness” and “equality,” and why it matters.

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U.S. Department of Education Office Publishes Guidance on Race in Admissions, School Programming

Jackson Lewis — Mon, 28 Aug 2023 22:09:56 +0000

The U.S. Department of Education Office for Civil Rights (OCR) and the U.S. Department of Justice Civil Rights Division have published a joint Dear Colleague Letter (Joint OCR and DOJ DCL) that, together with a Q&A, provides information to assist colleges and universities in understanding the impact of the U.S. Supreme Court’s Students for Fair Admissions, Inc. decisions.

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ESG: Human Rights and Modern Slavery

Jackson Lewis — Wed, 07 Jun 2023 20:26:42 +0000

In the face of evolving challenges in labor and employment law, Jackson Lewis attorneys identify issues dominating the modern workplace and answer the question on every employer’s mind – how will my business be impacted? Stream episodes of our podcast program on the platform of your choosing.

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