Supreme Court Lowers Bar for “Reverse Discrimination” Lawsuits

In today’s (6/5/2025) Ames v. Ohio Dept. of Youth Srvcs. ruling, the U.S. Supreme Court’s unanimously made it easier for individuals from majority groups to bring workplace discrimination claims, often referred to as “reverse discrimination” lawsuits. The ruling involves a woman who alleged she was denied a promotion and later demoted because of her sexual orientation. The plaintiff argued that these decisions were motivated by bias against her as a heterosexual woman and that her employer favored LGBTQ employees. Previously, lower court had required members of a majority group to show not only the standard elements of a discrimination claim under Title VII of the Civil Rights Act of 1964, but also to provide additional evidence—so-called “background circumstances”—suggesting her employer was unusually likely to discriminate against majority group members. The Supreme Court concluded that the evidentiary standard for discrimination claims should be uniform, regardless of the claimant’s identity.

It’s important to note that the Supreme Court did not rule on whether Ames actually suffered discrimination. Instead, the justices focused solely on the legal standard required to bring such a case to trial. Ames’s lawsuit now returns to the lower courts for further proceedings under the new, less stringent standard.

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