The Supreme Court of the United States recently heard oral arguments in a case to determine whether employees who are part of a majority group must meet a higher standard to prove discrimination.
On February 26, 2025, the Supreme Court of the United States heard oral arguments in a lawsuit claiming a state agency in Ohio discriminated against a straight employee because she is straight.
The Supreme Court is expected to decide whether an employee who is part of a majority group must also meet the “background circumstances” rule in proving discrimination. The background circumstances rule is a heightened evidentiary standard applied in some circuit courts of appeal and stands in contrast to claims brought by employees who are part of minority groups, who are able to rely on evidence surrounding their own employment circumstances to prove discrimination. Four circuits have adopted the background circumstances rule. Two other circuits have rejected the background circumstances rule. Five other circuits do not...
A recent Ninth Circuit decision underscores why importers should be worried that they will be hit with a large government bill under the False Claims Act (FCA) to pay for newly raised duties impose...