Unraveling “Reverse Discrimination” with Leah Stiegler
Concepts: Discrimination ; Employment Law
What happens when the traditional understanding of workplace discrimination is turned on its head? Will the Supreme Court's unanimous ruling in Ames v. Ohio Department of Youth Services change how discrimination cases are evaluated when brought by members of majority groups?
Attorney Leah Stiegler of Woods Rogers joins us to examine this decision that rejected the "background circumstances rule" -- a standard that previously imposed a heightened evidentiary burden on white, heterosexual, or male plaintiffs claiming discrimination. As Leah explains, "There's no such thing as reverse discrimination. It's just discrimination." This simple yet insightful statement captures the essence of the Court's reasoning that Title VII protections apply equally to all employees, regardless of their demographic status.
Leah shares results from mock trials conducted with identical facts in different Virginia jurisdictions. A conservative Lynchburg jury awarded a white male plaintiff $600,000, while a more liberal Richmond jury found no discrimination whatsoever with the exact same evidence. This highlights how geography and community values dramatically influence discrimination case outcomes, sometimes more than the legal standards themselves.
We also explore the McDonnell Douglas burden-shifting framework that remains the analytical backbone of discrimination cases, the emerging concept of intersectional discrimination, and recent executive orders concerning religious expression in the workplace. Throughout our discussion, Leah offers practical insights for employers navigating these evolving issues, emphasizing that while the political discourse around DEI initiatives may be contentious, the fundamental prohibition against discrimination remains unchanged.
Whether you're an employer developing workplace policies, an HR professional conducting training, or an employee trying to understand your rights, this episode provides essential context for understanding how discrimination law is evolving in unexpected ways. Subscribe to the Emerging Litigation Podcast for more in-depth analysis of the legal issues shaping our workplaces and society.
This is Leah's second appearance on the podcast and I appreciate it!
I hope you enjoy the conversation! If so, give us a rating!
If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.
Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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It's possible it could make this man smile. But let's not get ahead of ourselves.
Leah handles workplace investigations and defends actions before administrative agencies such as the EEOC, DOL, and NLRB. Leah has extensive litigation experience, defending employers in state and federal court.
Leah also represents employers navigating union issues, labor relations arbitrations and collective bargaining. Every workforce loves Leah's dynamic public speaking style. Having traveled the Mid-Atlantic to train front-line employees, upper management, HR and other industry professionals, Leah creates custom workforce training programs with her team and has fun doing it!
Leah earned her J.D. from the University of Richmond School of Law, cum laude, Order of the Coif.