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

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?

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 raceconscious hiring decisions as part of an integrated corporate scheme to implement a discriminatory diversity policy. (i)