The Signal Through the Noise

Key Insights

1. Ames v. Ohio Department of Youth Services was a unanimous decision that effectively reaffirms Bostock v. Clayton County. Despite a footnote from Justice Thomas’s concurrence, this ruling is not about inclusion initiatives, but how it will impact future litigation in this space remains to be seen.  
2. Unprecedented changes at the Equal Employment Opportunity Commission (EEOC) are in process and will inevitably continue. However, there are still pathways for LGBTQ+ workers to file discrimination claims.  
3. The announcement of enforcement mechanisms to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities” as per Executive Order 14173 is imminent.