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Employment Discrimination Claims Post-Ames: Increased Risk of Title VII Claims, Employer Impact, Policy Development

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, September 10, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will examine the Ames v. Ohio Dep’t of Youth Services (2025) decision along with other anti-discrimination initiatives being taken by the new administration and discuss the impact of the current regulatory environment on employers' anti-discrimination efforts. The panel will offer best practices for policy review and development to mitigate the risk of federal enforcement action while also maintaining compliance with what may be more stringent state laws.

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.

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Outline

  1. Introduction
  2. Employment discrimination and the new administration
    1. EOs targeting DEI, disparate impact claims
    2. EEOC guidance on unlawful DEI-related discrimination
  3. Ames v. Ohio Dept. of Youth Services (2025)
  4. Potential employer impact
    1. Policies, DEI initiatives
    2. Expected uptick in employment discrimination claims
    3. State law interaction
  5. Best practices for policy development and defense of discrimination claims
  6. Practitioner takeaways

Benefits

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?

Faculty

Abboud, Joseph
Joseph E. Abboud

Attorney
Buchanan Ingersoll & Rooney

Mr. Abboud represents clients on a broad range of employment issues, including wage-and-hour, discrimination and...  |  Read More

Mitchell, Samuel
Samuel M. Mitchell

Partner
Husch Blackwell

Mr. Mitchell is a trusted advocate for sophisticated companies navigating high-stakes litigation, sensitive employment...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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