A majority of the court appeared open to reconsidering the U.S. Supreme Court’s McDonnell Douglas framework, the soundness of which has come into question in recent years.
An article from
Dive Brief
A majority of the court appeared open to reconsidering the U.S. Supreme Court’s McDonnell Douglas framework, the soundness of which has come into question in recent years.
Published Aug. 5, 2026
Procter & Gamble corporate headquarters on July 15, 2008, in Cincinnati, Ohio. The 5th U.S. Circuit Court of Appeals upheld summary judgment for the company in an employee's discrimination and retaliation lawsuit.
The 5th Circuit rejected a plaintiff’s argument that the high court effectively eliminated his need to show he was treated less…
The plaintiff also showed that the employer’s investigation into her claims was “insufficiently prompt and thorough,” according…
The U.S. Supreme Court has said that federal job discrimination claims are not barred by certain state agencies’ administrative…
The plaintiff claimed that she refused to adopt her employer’s views because she viewed them as racist and discriminatory against…
The Supreme Court's decision, which landed amid a backlash to diversity programs, could increase "reverse discrimination"…
The law’s "accommodation of last resort” has historically proven difficult for employers to administer.
