On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that reverse discrimination claims are subject to the same evidentiary standard as other Title VII claims. The Court rejected the idea that plaintiffs from majority groups must meet a higher burden to proceed.
Background
Title VII of the Civil Rights Act prohibits employment discrimination based on race, color, religion, sex or national origin. While the law applies to all individuals, some courts had imposed a higher standard on “reverse discrimination” claims, those brought by individuals from majority groups, such as white, heterosexual or male employees. These courts required plaintiffs to show “background circumstances” suggesting the employer is one that discriminates against the majority.
In Ames, a heterosexual woman alleged she was denied a promotion in favor of a lesbian woman and later demoted and replaced by a gay man due to her sexual orientation.
The 6th Circuit upheld dismissal of her claim, applying the heightened evidentiary standard for reverse discrimination.
Supreme Court Decision
The Supreme Court unanimously held that Title VII does not distinguish between majority and minority plaintiffs. The additional “background circumstances” requirement, the Court said, conflicts with the text of Title VII and existing case law. The case was sent back to the lower court to be reviewed under the standard evidentiary framework used in other discrimination cases.
Employer Takeaways
Employers should be aware that reverse discrimination claims are now subject to the same standard as any other Title VII claim. While this ruling does not change employer obligations, it may lead to an increase in such claims, especially in jurisdictions that previously applied a heightened standard.
Tammy Toman, JD, PHR, SHRM-CP, is the vice president and employment counsel at The MBA. Contact her at 814/833-3200,
800/815-2660 or ttoman@mbausa.org.
