LIEB BLOG

Legal Analysts

Showing posts with label reverse discrimination. Show all posts
Showing posts with label reverse discrimination. Show all posts

Thursday, June 05, 2025

Hey White Boy, SCOTUS Protects You - Reverse Discrimination Claims Simplified

There are no distinctions between bringing a reverse discrimination claim and a discrimination claim under the law anymore according to a unanimous SCOTUS Decision in Ames v. Ohio in an opinion by Justice Jackson. 

Previously, many courts required members of a majority group (white men) to satisfy a heightened evidentiary standard when suing for employment discrimination under Title VII, called background circumstances. 

No more and anyone thinking that they didn't have a case because they were in the majority, should reconsider. Remember, you have 300 days to file a charge with EEOC from the discriminatory event if you are in a state like NY (other states are sometimes 180 days) + state law discrimination claims in NY can be made for 3 years regardless of EEOC filing. 

As Justice Jackson wrote, "[t]he question in this case is whether, to satisfy that prima facie burden, a plaintiff who is a member of a majority group must also show ‘background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.'... We conclude that Title VII does not impose such a heightened standard on majority group plaintiffs."

Therefore, we are again reminded, as Justice Thomas wrote in his concurrence, that "Title VII bars employment discrimination against 'any individual' “because of such individual’s race, color, religion, sex, or national origin.”

Interestly, Justice Thomas also reminds us that White Boys aren't the majority by stating that "[w]omen, for example, make up the majority in the United States as a whole." 

Anyway, there is now a clear path for reverse discrimination cases in the USA. Plus, we predicted this when teaching the CLE for Lawline, Reverse Discrimination: McDonnell Douglas in Trump's America.

Oh, and Justice Thomas predicts and argues why McDonnell Douglas is flawed beyond repair to prove disparate treatment discrimination through circumstantial evidence. 

This opinion is a must read for anyone that works in HR in Corporate America as well as all small business owners and managers. 



Wednesday, February 19, 2025

EEOC Targets Reverse Discrimination for Anti-American Bias - International Staffing Agencies Be Warned!

On 2/19/2025, EEOC Announced a Crackdown on Anti-American Bias with a target of those engaging in unlawful national origin discrimination, including employers and staffing agencies. By emphasizing staffing agencies in its Press Release, it appears that EEOC is targeting staffing agency that focus on foreign workers and they should lawyer-up immediately. 


What You Need to Know

The U.S. Equal Employment Opportunity Commission (EEOC) has announced a renewed focus on combating national origin discrimination, with a particular emphasis on protecting American workers from unlawful hiring preferences that favor non-American employees. Acting Chair Andrea Lucas made it clear that the agency will be increasing enforcement efforts against employers, staffing agencies, and other entities that engage in illegal hiring practices that disadvantage American workers. Read the full EEOC press release here.


Summary of the EEOC’s Announcement

The EEOC is intensifying enforcement against employers that unlawfully prefer non-American workers over American workers, citing violations of Title VII of the Civil Rights Act. The agency aims to deter illegal migration and curb the abuse of legal immigration programs by holding employers accountable for discriminatory hiring practices.


What Employers Need to Know

Employers should immediately review their hiring, recruitment, and staffing policies to ensure compliance with Title VII’s prohibition on national origin discrimination. Common illegal practices include:

  • Preferring non-American workers over American workers due to perceived cost savings or ease of exploitation.
  • Hiring practices that intentionally exclude U.S. citizens or lawful permanent residents in favor of visa holders.
  • Making employment decisions based on biased stereotypes about work ethic, productivity, or compliance.
  • Complying with client demands for a foreign workforce over qualified American workers.

The EEOC has made it clear that these discriminatory practices will not be tolerated, and businesses found to be in violation may face significant legal and financial penalties.


What Employees Need to Know

Employees, whether American or non-American, are protected under federal law from national origin discrimination. If you suspect that an employer is favoring foreign workers over qualified American workers—or engaging in any other form of national origin discrimination—you have the right to file a complaint with the EEOC within 300 days (in NY, but may be 180 days elsewhere) of the discriminatory action. Employees are protected from retaliation for reporting discrimination, and the EEOC can investigate claims and, if necessary, give you a right to sue letter so you can sue in Federal Court to recover lost wages, emotional support damages, and your attorneys' fees.