The U.S. Supreme Court’s recent term brought significant developments across the employment law landscape. From Title VII and ADA issues to wage and hour and constitutional rights, the court clarified legal standards that affect how employers should assess risk, enforce policies and navigate litigation. This 10-minute briefing provides the information you need to do so.

Issue: May courts impose heightened pleading standards on Title VII plaintiffs who are members of majority groups?
Holding: No. All Title VII plaintiffs are subject to the same evidentiary standards, regardless of their group identity.

Summary: The plaintiff, a white heterosexual woman, claimed she was discriminated against in favor of gay male co-workers. The lower court dismissed the case using the “background circumstances” test, which required additional evidence that the employer was inclined to discriminate against a majority-group member. The high court unanimously rejected this test, holding that Title VII provides equal protection to all individuals. Courts may not impose higher pleading burdens based on the plaintiff’s group status.

Employer Takeaways:

• This is an important clarification in the legal standard for Title VII claims, and employers should take care to apply consistent legal standards when evaluating all discrimination complaints, including those from majority-group employees.
• Review DEI policies and training materials to ensure they do not imply preference for any group
• Train HR and...

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