No. 25-1139

Brian Armstrong v. WB Studio Enterprises, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2026-03-31
Status: Pending
Type: Paid
Tags: but-for-causation civil-rights-act diversity-policy employment-discrimination race-conscious-hiring summary-judgment
Latest Conference: N/A
Question Presented (from Petition)

1. Should a judge or a jury decide the fact intensive question of whether intentional discrimination against white people in the workplace—done pursuant to a corporate DEI policy—satisfies the "but for" causation standard in 42 U.S.C. § 1981?

2. Whether, under the "but for" causation standard established in Comcast Corp. v. National Ass'n of African American-Owned Media, 589 U.S. 327 (2020), a court may grant summary judgment by examining only the actions of a single subordinate decision-maker in isolation, where the record contains evidence that supervisors above that decision-maker directed race-conscious hiring decisions as part of an integrated corporate scheme to implement a discriminatory diversity policy.

Question Presented (AI Summary)

Whether intentional discrimination against white people in the workplace pursuant to a corporate DEI policy satisfies the 'but for' causation standard under 42 U.S.C. § 1981, and whether a court may grant summary judgment by examining only a single subordinate decision-maker's actions in isolation when supervisors directed race-conscious hiring decisions as part of an integrated corporate scheme to implement a discriminatory diversity policy

Docket Entries

2026-03-26
Petition for a writ of certiorari filed. (Response due April 30, 2026)
2026-01-23
Application (25A844) granted by Justice Kagan extending the time to file until March 26, 2026.
2026-01-21
Application (25A844) to extend the time to file a petition for a writ of certiorari from January 25, 2026 to March 26, 2026, submitted to Justice Kagan.

Attorneys

Brian Armstrong
Scott James StreetJW Howard Attorneys, Petitioner