Contact

By AG Labor and Employment
Chicago Office
Margaret Kostopulos
Email: mkostopulos@ancelglink.com
Phone: 312-782-7606

Melissa Hall
Email: mhall@ancelglink.com
Phone: 312-782-7606

Areas of Interest

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DEI Developments: Legal Shifts and the Impact on Employers

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In recent years, Diversity, Equity, and Inclusion (DEI) initiatives have become a central focus in both the public and private sectors. However, a wave of legal developments is reshaping how employers implement and defend these programs. Recent court decisions and executive actions are introducing new risks and compliance challenges, especially concerning claims of reverse discrimination and constitutional limitations. A major shift came with the Supreme Court’s June 2025 decision in Ames v. Ohio Department of Youth Services , which eliminated the “background circumstances” requirement in Title VII cases brought by majority-group employees. Previously, courts often required white or male plaintiffs to show additional proof of bias in discrimination claims. Justice Ketanji Brown Jackson, writing for a unanimous Court, clarified that the Civil Rights Act of 1964 applies equally to all individuals, regardless of race or gender. This decision removes a legal hurdle for reverse-discriminati...
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