DEI, Title VII and the Ames v. Ohio case with Supreme Court fanboy Trippe Fried

Sean Martin welcomes back longtime friend and attorney Tripp Fried for a deep dive into the legal and cultural landscape of DEI (Diversity, Equity, and Inclusion), its corporate implications, and how it intersects with Title VII of the Civil Rights Act. Broadcasting from the Clearly Legal Studio in a Nashville basement, Sean and Tripp revisit the DEI conversation that sparked engagement in a prior episode and take it a step further with analysis of the recent Supreme Court decision in Ames v. Ohio Department of Youth Services.

Topics Covered:

• The origins and evolution of DEI—from Affirmative Action to corporate HR policies
• Historical context: The Civil Rights Act of 1964 and Title VII
• Legal conflict: When corporate DEI goals clash with anti-discrimination laws
• HR headaches: How well-intentioned inclusion policies can create legal exposure
• The Rooney Rule explained and its parallels to affirmative action
• Risks of putting DEI policies in writing in employee handbooks
• Deep dive into Ames v. Ohio Department of Youth Services
  • Background of the case: White woman alleges she was passed over for promotion in favor of less-qualified LGBTQ+ individuals
  • Legal issue: Whether members of a majority group must meet a heightened burden to prove discrimination under Title VII
  • Supreme Court ruling: Unanimous decision rejecting the "heightened burden" standard—everyone is protected equally under the law
  • Justice Jackson’s concise and unequivocal opinion, with concurrence from Justice Thomas

Key Takeaways:

• Corporate DEI messaging often originates from marketing and HR, but it must still align with anti-discrimination laws
• Courts are reasserting that Title VII protects everyone—majority or minority group alike
• Intentions don’t matter if policies or practices create the appearance (or legal basis) of discrimination
• Written DEI statements in employee handbooks can backfire if they imply preference by identity over merit
• The Ames case is a landmark clarification that may reshape how employers structure DEI programs moving forward

Who Should Listen:

• HR professionals and in-house counsel
• Business owners navigating inclusive hiring
• Employment law practitioners and SCOTUS watchers
• Anyone trying to understand DEI beyond the headlines

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