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Prosecuting Majority-Group Discrimination Claims: Statute Selection, Damages, and the Closing Filing Window

Ames opened the door; pleading and filing errors still closed it. Learn to select the optimal statute, layer claims to escape the $300,000 Title VII caps, survive summary judgment on comparator proof, and build a DEI pattern record before the window closes.

2026-10-01 14:30:00

Program Details

2026-10-01 14:30:00

2026-10-01 14:30:00

2h CLE Credits

2026-10-01 14:30:00

Program Details

2026-10-01 14:30:00

Program Details

2026-10-01 14:30:00

Over 1,000+ webinars

2026-10-01 14:30:00

Course Overview

Ames Cleared the Pleading Barrier. Statute Selection Now Decides Whether Recovery Is Capped at $300,000

2026-10-01 14:30:00

On June 5, 2025, a unanimous Supreme Court decided Ames v. Ohio Department of Youth Services and eliminated the judge-made “background circumstances” test. Title VII’s text does not distinguish majority-group from minority-group plaintiffs. The barrier fell in circuits covering 20 states and the District of Columbia. Muldrow (2024) had already lowered the harm threshold to “some harm.”

Every stage after the pleading remains unchanged. Plead Title VII alone and recovery caps at $300,000. Skip the Section 1981 and Section 1983 layers and uncapped damages disappear. Miss the EEOC charge window and the claim is forfeited outright. Ignore circuit comparator law, and the Fifth Circuit’s decision in Bravo v. Dallas ISD (2026) ends the case at summary judgment.

Attendees walk out with a statute-selection matrix by claim type, a damages-layering strategy, briefing language drawn from Justice Jackson’s majority opinion, and a DEI discovery roadmap built from the EEOC’s March 2025 guidance and the pending state attorney general suits. This is practitioner judgment on live filings, not a doctrine summary.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Post-Ames Pleading Standard
How the unanimous 2025 decision in Ames v. Ohio Department of Youth Services removed the background-circumstances test and unified the McDonnell Douglas framework.
02
Statute Selection Matrix
How to match each claim type to Title VII, Section 1981, Section 1983, or state law before the complaint is drafted.
03
Escaping the Damages Caps
How layering claims moves a client from the $300,000 Title VII ceiling to uncapped compensatory and punitive exposure.
04
Filing Window Strategy
How EEOC charge timing and filing deadlines decide whether a viable claim survives or is forfeited.
05
Summary Judgment Proof
How comparator requirements differ by circuit and how Muldrow’s “some harm” threshold reaches adverse actions short of termination.
06
DEI Discovery and Pattern Records
How the EEOC’s March 2025 guidance and pending government suits supply a roadmap for building the pattern record.

Program schedule

clock 2:30 pm - 3:30 pm EST

Statute Selection and Damages Strategy for the Majority-Group Discrimination Plaintiff

This session equips plaintiff-side employment attorneys with a practical framework for selecting the optimal federal and state statute when representing majority-group discrimination plaintiffs after the Supreme Court’s unanimous 2025 decision in Ames v. Ohio Department of Youth Services. Attorneys will learn how to maximize damages exposure by layering Title VII, Section 1981, Section 1983, and state law claims—and how to avoid the procedural and pleading errors that cap recovery or forfeit claims entirely. By the end of the session, attendees will understand the post-Ames pleading standard, the statute-selection matrix by claim type, and the strategic filing decisions that determine whether a client’s recovery is capped at $300,000 or unlimited.

P. Stewart AbneyP. Stewart Abney
clock 3:40 pm - 4:40 pm EST

Surviving Dismissal and Building the Pattern Record in Majority-Group Cases

This session covers the litigation mechanics a plaintiff’s attorney must master after Ames v. Ohio Department of Youth Services (2025): how to survive dismissal, navigate the McDonnell Douglas battleground at summary judgment, and construct a pattern record using DEI-related discovery. Attorneys will learn how to identify comparator evidence by circuit, deploy Muldrow’s lowered harm threshold for non-termination adverse actions, and use EEOC guidance and government litigation as a discovery roadmap. Attendees will leave with a working understanding of the specific evidentiary architecture needed to move a majority-group discrimination claim from complaint through summary judgment.

Wally ZimolongWally Zimolong
Wally Zimolong

Wally Zimolong

Zimolong LLC

P. Stewart Abney

P. Stewart Abney

Abney Law Office, PLLC

Wally Zimolong

Wally Zimolong

Zimolong LLC

Wally Zimolong is the founder of Zimolong LLC in Villanova, Pennsylvania. His practice concentrates on constitutional litigation, labor and employment matters, election law, and government investigations, and extends to high-stakes commercial disputes including bid protest litigation and construction defect claims. He has served as lead counsel in more than 500 matters and maintains an undefeated jury trial record.

Education & Credentials

Mr. Zimolong earned his Juris Doctor and his Bachelor of Arts from Villanova University. He is admitted in the Commonwealth of Pennsylvania and the State of New Jersey, and before the Supreme Court of the United States and the United States Courts of Appeals for the Third, Fifth, Ninth, and Eleventh Circuits. His federal district court admissions include the District of Columbia, the District of New Jersey, the Eastern, Middle, and Western Districts of Pennsylvania, and the Northern and Southern Districts of Texas.

Recognition & Leadership

Mr. Zimolong has been named to City & State Pennsylvania’s list of the Top 100 Lawyers in Pennsylvania and has been selected for Super Lawyers recognition in multiple consecutive years. His trial work produced one of the Top 100 verdicts in Pennsylvania in 2022.

Professional Involvement

Mr. Zimolong serves as an executive board member of the Republican National Lawyers Association and as chapter chair of its Southeastern Pennsylvania chapter. He is a member of the Federalist Society and of the Union League of Philadelphia.

Experience

Mr. Zimolong’s election law work includes election day operations, ballot security, ballot access, post-election recounts, and strategic political consulting, and he has represented President Donald J. Trump and the Republican National Committee in election-related matters. His labor and employment practice encompasses labor relations and government investigations, and his commercial docket includes bid protest litigation and stucco defect claims.
P. Stewart Abney

P. Stewart Abney

Abney Law Office, PLLC

P. Stewart Abney is the Managing Partner of Abney Law Office, PLLC in Louisville, Kentucky. He represents employees and individuals in employment and civil rights litigation, including claims of race, gender, age, disability, and religious discrimination, sexual harassment, wrongful termination, wage and overtime claims, whistleblower retaliation, police misconduct, and violations of constitutional rights.

Education & Credentials

Mr. Abney earned his Juris Doctor with honors from the University of Louisville, Louis D. Brandeis School of Law, and his Bachelor of Arts in History from Centre College. He is admitted in all Kentucky courts, before the United States Court of Appeals for the Sixth Circuit, and in the United States District Courts for the Western District of Kentucky, the Eastern District of Kentucky, the Southern District of Indiana, and the District of Colorado.

Recognition & Leadership

Mr. Abney’s trial results include the largest disability discrimination jury verdict in Kentucky, a judgment of $1,275,041.25 in Turner v. Norton Healthcare, Inc. (2018). He also obtained a $1,217,287.00 race discrimination verdict in Mattie L. Cohen v. Jewish Hospital (2008).

Professional Involvement

Mr. Abney is a member of the Kentucky Bar Association, the Louisville Bar Association, the Kentucky Justice Association, the American Association for Justice, and the National Lawyers Guild.

Experience

Mr. Abney litigates discrimination, harassment, retaliation, and unpaid wage claims on behalf of individual plaintiffs in Kentucky and neighboring federal districts. His recoveries include a judgment of $788,368.86 for unpaid wages in Isham v. Louisville-Metro Government (2020) and $277,666.22 in unpaid overtime in Anderson v. Nature’s Expressions Landscaping (2018), in addition to his seven-figure discrimination verdicts.
Wally Zimolong

Wally Zimolong

Zimolong LLC

Wally Zimolong is the founder of Zimolong LLC in Villanova, Pennsylvania. His practice concentrates on constitutional litigation, labor and employment matters, election law, and government investigations, and extends to high-stakes commercial disputes including bid protest litigation and construction defect claims. He has served as lead counsel in more than 500 matters and maintains an undefeated jury trial record.

Education & Credentials

Mr. Zimolong earned his Juris Doctor and his Bachelor of Arts from Villanova University. He is admitted in the Commonwealth of Pennsylvania and the State of New Jersey, and before the Supreme Court of the United States and the United States Courts of Appeals for the Third, Fifth, Ninth, and Eleventh Circuits. His federal district court admissions include the District of Columbia, the District of New Jersey, the Eastern, Middle, and Western Districts of Pennsylvania, and the Northern and Southern Districts of Texas.

Recognition & Leadership

Mr. Zimolong has been named to City & State Pennsylvania’s list of the Top 100 Lawyers in Pennsylvania and has been selected for Super Lawyers recognition in multiple consecutive years. His trial work produced one of the Top 100 verdicts in Pennsylvania in 2022.

Professional Involvement

Mr. Zimolong serves as an executive board member of the Republican National Lawyers Association and as chapter chair of its Southeastern Pennsylvania chapter. He is a member of the Federalist Society and of the Union League of Philadelphia.

Experience

Mr. Zimolong’s election law work includes election day operations, ballot security, ballot access, post-election recounts, and strategic political consulting, and he has represented President Donald J. Trump and the Republican National Committee in election-related matters. His labor and employment practice encompasses labor relations and government investigations, and his commercial docket includes bid protest litigation and stucco defect claims.
P. Stewart Abney

P. Stewart Abney

Abney Law Office, PLLC

P. Stewart Abney is the Managing Partner of Abney Law Office, PLLC in Louisville, Kentucky. He represents employees and individuals in employment and civil rights litigation, including claims of race, gender, age, disability, and religious discrimination, sexual harassment, wrongful termination, wage and overtime claims, whistleblower retaliation, police misconduct, and violations of constitutional rights.

Education & Credentials

Mr. Abney earned his Juris Doctor with honors from the University of Louisville, Louis D. Brandeis School of Law, and his Bachelor of Arts in History from Centre College. He is admitted in all Kentucky courts, before the United States Court of Appeals for the Sixth Circuit, and in the United States District Courts for the Western District of Kentucky, the Eastern District of Kentucky, the Southern District of Indiana, and the District of Colorado.

Recognition & Leadership

Mr. Abney’s trial results include the largest disability discrimination jury verdict in Kentucky, a judgment of $1,275,041.25 in Turner v. Norton Healthcare, Inc. (2018). He also obtained a $1,217,287.00 race discrimination verdict in Mattie L. Cohen v. Jewish Hospital (2008).

Professional Involvement

Mr. Abney is a member of the Kentucky Bar Association, the Louisville Bar Association, the Kentucky Justice Association, the American Association for Justice, and the National Lawyers Guild.

Experience

Mr. Abney litigates discrimination, harassment, retaliation, and unpaid wage claims on behalf of individual plaintiffs in Kentucky and neighboring federal districts. His recoveries include a judgment of $788,368.86 for unpaid wages in Isham v. Louisville-Metro Government (2020) and $277,666.22 in unpaid overtime in Anderson v. Nature’s Expressions Landscaping (2018), in addition to his seven-figure discrimination verdicts.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Pending
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs