On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted evidentiary standard to majority group plaintiffs seeking to state a prima facie claim for disparate treatment under Title VII—is inconsistent
Brenna McLean
As a labor & employment associate, Brenna McLean represents employers in workplace law matters, including discrimination, harassment, retaliation, and wage and hour violations. Brenna also routinely advises clients on a variety of employment practices, including employee handbooks and policies.
Prior to joining Proskauer, Brenna began her career at a national employment law firm, where she completed a legal secondment at a major airline. Most recently, Brenna worked at an international videogame company conducting internal employee investigations.
Brenna graduated from Northwestern Pritzker School of Law, cum laude, where she served as Articles Editor for The Northwestern Law Review and externed for the Honorable Marvin E. Aspen in the Northern District of Illinois. While in law school, Brenna also earned the Public Service Star Award for completing over 200 hours of public service during her second and third years.
EEOC and DOJ Release Guidance on DEI and Workplace Discrimination
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice issued two technical assistance documents discussing how the agencies view and define Diversity, Equity and Inclusion (“DEI”) in the context of workplace discrimination: “What You Should Know About DEI-Related Discrimination at Work” and “What To…
EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”
On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers” through increased enforcement of Title VII’s national origin protections.…