HR compliance

Employer's Toolbox

Supreme Court Unanimously Rules in Favor of Plaintiff in “Reverse Discrimination” Case

On June 5, 2025, the U.S. Supreme Court delivered a landmark 9–0 decision in Ames v. Ohio Department of Youth Services, reinforcing that Title VII protections apply equally to all employees—regardless of their demographic background. Justice Ketanji Brown Jackson wrote the majority opinion, concluding that courts cannot impose a higher burden of proof on so-called “majority‑group” plaintiffs (e.g., straight or white individuals). Case Background:Marlean Ames, a heterosexual Ohio state employee with over 15 years of service, alleged she was passed over for a promotion—and later demoted—while less-qualified LGBTQ+ colleagues were promoted in her stead. Lower courts had dismissed her Title VII claim due to a “background circumstances” requirement, which demanded extra proof from majority-group plaintiffs—a standard now struck down by the Supreme Court. Key Takeaways: Equal Legal Standard: Title VII applies to any individual, regardless of race, sex, or sexual orientation. Courts may no longer apply heightened pleading standards based on a plaintiff’s group identity. Majority-Group Plaintiffs Protected: Members of majority groups can now pursue discrimination claims under the same legal framework as anyone else. Potential Rise in Claims: This decision may lead to an increase in claims challenging the fairness of workplace DEI (diversity, equity, inclusion) programs. What This Means for Maryland Employers Apply Policies Uniformly: Ensure discrimination protections apply equally to all employees. Document Employment Decisions: Use objective criteria in hiring and promotions, and maintain clear records. Investigate All Complaints Fairly: Complaints from majority-group employees must be taken seriously and evaluated without bias. Contact Us Luchansky Law helps Maryland employers stay compliant with ever-evolving employment laws. Whether you need assistance updating your HR policies, handling a discrimination complaint, or defending your business in court, our team is here to help.  Call us at (410) 522-1020 Learn more at employmentattorneymd.com Contact us today for a consultation. References: Washington Post – Supreme Court sides with woman claiming anti-straight job discrimination Time – Supreme Court Unanimously Sides With Straight Woman In ‘Reverse Discrimination’ Case Reuters – US Supreme Court makes ‘reverse’ discrimination suits easier SCOTUSblog – Case analysis of Ames v. Ohio Department of Youth Services

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Employer's Toolbox

Understanding Maryland’s Enhanced WARN Act Obligations: What Employers Need to Know

When businesses are forced to make tough decisions about layoffs or plant closures, advance planning is not just smart—it’s required by law. In Maryland, employers must be particularly cautious. The state’s Economic Stabilization Act (ESA) imposes more stringent notice obligations than the federal WARN Act, and failure to comply can lead to significant legal exposure. Who Is Covered? Maryland’s ESA applies to: Employers with 50 or more full-time employees operating in the state Reductions in operations affecting 25 or more full-time employees over a three-month period Relocations, shutdowns, or mass layoffs, even if temporary This lower threshold means that many small and mid-sized businesses—those not subject to federal WARN—must still comply with Maryland’s notice requirements. What Does the ESA Require? Covered employers must provide written notice at least 60 days in advance to: Affected employees Any union representatives The Maryland Department of Labor Local government officials in the area of the affected facility This requirement mirrors the federal WARN Act in terms of timing but covers more employers and situations. Read the Maryland WARN FAQ for more details. Penalties for Noncompliance Failing to give proper notice may result in: Civil penalties of up to $10,000 per day Back pay and benefits owed to affected employees Reputational harm and increased risk of litigation Best Practices for Employers To ensure compliance, Maryland employers should: Evaluate whether any workforce changes trigger the ESA notice obligations Consult legal counsel early in the planning process Coordinate with HR and communications teams to prepare clear and timely notifications Maintain documentation of all notices sent and received How Luchansky Law Can Help Whether you’re restructuring, relocating, or downsizing, Luchansky Law can help you navigate Maryland’s WARN requirements and reduce your legal risk. Our attorneys routinely advise employers on layoff compliance and communication protocols during workforce transitions. Have questions or concerns about a planned layoff or closure? Contact us today to discuss how we can help you stay compliant—and protect your business. Have questions or concerns about a planned layoff or closure? Contact us today to discuss how we can help you stay compliant—and protect your business.  

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