Reverse Discrimination: McDonnell Douglas in Trump's America
1h
Created on February 25, 2025
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Overview
Victims of illegal DEI policies need to know how to sue to recover for their employer's discriminatory actions. Affirmative Action is over, per SCOTUS in SFFA v. Harvard, and minority status can no longer even be a plus factor in making employment decisions. Welcome to the age of the meritocracy. However, EEOC's Affirmative Action Guidance remains outdated and employers following this Guidance should get ready to be sued for discrimination.
This course, presented by, Andrew Lieb, Managing Partner at Lieb at Law, P.C, teaches McDonnell Douglas in Trump's America, where prong #1 is anticipated to no longer be "membership in a minority group" because the Parker / Harding Test is on the chopping block before SCOTUS. This program will benefit both Plaintiff's attorneys and anyone representing an employer, including attorneys and HR / People. As new EOs are being signed each day, you can either be stuck with yesterday's pronouns or know how to operate in an anti-discriminatory employment world that acknowledges that "discrimination against so-called 'majority' citizens is no longer 'unusual,' but rather has become common."
Learning Objectives:
- Analyze how public sentiment is processing discrimination laws, which is changing legal presumptions and inferences, including McDonnell Douglas
- Break down DEI and how SCOTUS impacts the field in both SFFA v. Harvard and Ames v. Ohio together with how we got here based on prior SCOTUS / Circuit Decisions
- Navigate EEOC Guidance in the face of a changing body of decisional law
- Identify whether a Plaintiff has a cognizable claim for reverse discrimination
Credits
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