Navigating Reverse Discrimination Claims in the Post-Ames Era

Recent legal developments have significantly reshaped the landscape of reverse discrimination claims and the ripple effects are being felt across the employment practices and professional liability sectors. The U.S. Supreme Court’s decision in Ames v. Ohio Department of Youth Services marked a major shift by eliminating the “background circumstances” requirement for plaintiffs from majority groups. As a result, reverse discrimination allegations are now easier to bring forward, broadening employers’ exposure and increasing the likelihood of Employment Practices Liability (EPL) claims.

At the same time, the rollback of federal DEI initiatives has generated heightened scrutiny of workplace policies. This session will explore real-world scenarios and examine how these disputes can escalate into class actions with significant financial and reputational implications.

Attendees will gain practical insights into risk management best practices, such as documentation strategies, consistent merit-based decision-making, defensible DEI policy development, and claims-handling protocols that withstand heightened legal scrutiny.

• Underwriters will better understand the expanded legal exposure to help refine risk appetite, evaluate employer controls, and anticipate the types of allegations likely to drive claim severity and frequency.
• Brokers will gain insights into advising clients on balancing DEI commitments with effective risk mitigation while ensuring EPL coverage matches today’s expanded exposure landscape.
• Claims professionals will benefit from insights into new triggers, documentation pitfalls, and evolving judicial attitudes that influence defense strategies and settlement dynamics.
• Risk managers will gain actionable strategies for building defensible processes that protect both the organization and its workforce.
• Attorneys will learn more about recent rulings, policy changes, and documentation trends and how these shape litigation strategy, exposure analysis, and client advisory practices.

Join this webinar to gain clarity on how EPL insurance responds to these evolving exposures and hear more about the benefits of leveraging insurers and legal resources to navigate this rapidly changing area.

*This webinar is eligible for 1 hour of ExecPLP Designation Self Reporting