Supreme Court Clarifies Title VII Disparate Treatment Theory: What Employers Should Know in the Evolving Legal Environment

Earlier this month, the United States Supreme Court unanimously settled the burden required by a plaintiff to satisfy a prima facie showing of disparate treatment discrimination by an employer. On June 5, 2025, the Court held in Ames v. Ohio Department of Youth Services1 that the plain text of Title VII does not differentiate burden requirements between minority-group plaintiffs and those of a majority group.

The decision specifically impacts the Sixth, Seventh, Eighth, Tenth and D.C. Circuit Courts of Appeal, which had identified a heightened burden for a prima facie case of disparate treatment by majority-group plaintiffs under Title VII. Nevertheless, employers everywhere should be mindful of this legal development, particularly considering other recent policy changes to anti-discrimination enforcement under the Trump administration.

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New Jersey Adopts Salary and Benefit Disclosure Requirements for New Job Postings, Promotions and Transfers

New Jersey Joins a Growing List of States Requiring Greater Pay Transparency

On November 18, 2024, New Jersey Governor Phil Murphy signed Senate Bill 2310 (S2310) into law requiring employers to provide notice of promotion opportunities to affected employees and disclose certain compensation and benefit information in postings for new job openings and transfer opportunities. The law will go into effect on June 1, 2025. New Jersey joins a growing list of states requiring pay transparency, including California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Maryland, Nevada, New York, Rhode Island and Washington.

How Did We Get Here?

A version of the bill (A3937, 2022-2023) was originally introduced in the General Assembly during the legislature’s last session and received bipartisan support in the Assembly Consumer Affairs Committee. After the committee made substantial revisions, the bill ultimately died in the Assembly Appropriations Committee. The Senate companion bill (S3663, 2022-2023) expired in the Senate Labor Committee without a vote.

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