The “Everyone’s Getting Sued” Edition

The “Everyone’s Getting Sued” Edition

So . . . it was a confusing day yesterday for certain slices of the population. Here you probably were, minding your own business, finally enjoying what looks like the start of nice weather and looking forward to a decent (almost) summer weekend . . . and then the headlines hit. Would this latest circus act derail the administration’s plans? Does this shake-up shake anything else up? Is this why Aaron Rodgers signed with the Steelers? And then, whether you want to call it conservative kismet or progressive pains, the U.S. Supreme Court dropped a widely expected decision that dealt a major blow to the DEI movement. Yes, it was a weird day indeed. In today’s post, we dive into the Supreme Court’s Ames decision and swing by the Garden State for a peek at the latest salary transparency laws. Enjoy – and maybe, just maybe, steer clear of social media this weekend and try to be present.

Leveling the Playing Field (for better or worse)

On June 5, 2025, the U.S. Supreme Court issued a unanimous ruling that majority-group employees cannot be held to a higher pleading standard when filing workplace discrimination claims under Title VII. This decision means everyone – including the marginalized community of straight, white, men – plays by the same rules when crying foul over alleged discrimination.

The case – Ames v. Ohio Dept. of Youth Services – involved a straight woman who said she was passed over for a promotion and later demoted in favor of less qualified colleagues because of her sexual orientation. Until now, some federal courts required people from majority groups to provide extra evidence suggesting their employer actually discriminates against those groups, a hurdle that didn’t apply to minority plaintiffs. The Supreme Court rejected that idea, making clear that Title VII protections and proof standards apply equally to everyone, without additional hoops for majority-group employees.

What does this mean in practice? For starters, we can 100% expect more claims and lawsuits aimed at DEI programs and initiatives. It’s also a good bet that we’ll see more discrimination claims from employees who belong to groups traditionally seen as the majority.

To keep your company out of the headlines, employers should take a hard look at their policies and workplace culture. Make sure your DEI efforts don’t accidentally create the very imbalance they were designed to fix. Training should hammer home that discrimination is off the table for everyone – no exceptions. Document your decisions carefully, and make sure they’re based on objective, merit-backed criteria. Investigate every claim promptly – no matter who brings it up and however legitimate (or ludicrous) you privately suspect it might be.

Welcome to the new normal of Title VII. If your current policies aren’t built for this reality, your legal exposure just went up. (Reminder: we are excellent listeners.)

Show Me The Money!

And just when you thought your compliance plate couldn’t get any fuller . . .

Effective June 1, 2025, New Jersey’s Pay and Benefit Transparency Act requires most employers with 10 or more employees doing business or hiring in the state to include clear pay ranges and benefit descriptions in all job postings and promotion announcements. This law applies broadly, even to out-of-state employers recruiting New Jersey residents, and covers public and private employers, nonprofits, and recruiting firms. If you think you’re not covered by this rule, allow us to continue our long-running joke and remind you to fuhgeddaboudit.

So, what’s on the menu for mandatory disclosures? Employers must disclose hourly wages or salary ranges, general benefits (like health insurance and PTO), and other compensation programs such as bonuses or commissions. Vague terms like “competitive salary” or “up to” amounts are not allowed. Promotions require reasonable notice to affected employees unless based solely on seniority, performance, or emergency circumstances. Violations can result in fines starting at $300, with multiple postings increasing exposure. Complaints may be filed with the state labor department, which enforces compliance.

Think this law is just a Jersey thing? Fuhged– (ok we’ll stop) It’s not. This law is part of a growing national trend toward pay transparency aimed at closing wage gaps and promoting fairness. Employers should update job posting templates, train HR and recruiting teams on the new requirements, conduct pay equity audits, and ensure consistent, objective compensation practices. Clear documentation and communication are your best friends in this brave new transparent world. Not sure if your organization is ready for this new change? Reach out to your friendly, neighborhood employment attorney and conduct an audit. (See reminder above).

Have a great weekend, everyone. Reminder to maybe take a pass these next few days with social media! And as always, if you’ve got questions, you know we’ve got answers.

~ The W + K Team