U.S. Supreme Court Ruling Lowers the Bar for Bringing Reverse Discrimination Claims

On June 5, 2025, the U.S. Supreme Court unanimously held in Ames v. Ohio Department of Youth Services that plaintiffs claiming discrimination based on majority-group characteristics—such as being white, male, or straight—are not subject to a higher burden under Title VII of the Civil Rights Act of 1964. Courts must apply the same standard to all discrimination claims, regardless of the plaintiff’s group status. The ruling lowers the bar for “reverse discrimination” claims and may impact how such cases are defended in certain jurisdictions.

Before Ames, several federal appeals courts required majority-group plaintiffs to meet a heightened threshold, such as the “background circumstances” rule imposed by the Sixth Circuit. The Supreme Court rejected this test, holding that all Title VII claims must be evaluated under the same criteria.

The case arose after Marlean Ames, a long-time employee of the Ohio Department of Youth Services, was passed over for a promotion in 2019 in favor of a lesbian woman and was later demoted to a secretarial role, while her prior position was filled by a gay man. Ames, a straight, cisgender woman, alleged she was discriminated against based on her sexual orientation.

The lower courts dismissed her claims under the “background circumstances” rule, requiring proof of broader bias against majority-group employees. The Supreme Court reversed, finding the rule inconsistent with the text Title VII and the Court’s precedent. Writing for the Court, Justice Ketanji Brown Jackson stated, “Congress left no room for courts to impose special requirements on majority-group plaintiffs alone,” noting that the law “draws no distinctions” between majority and minority plaintiffs.

The decision brings consistency to federal law in jurisdictions that had applied a stricter standard for majority-group plaintiffs. However, it does not change the law in places like New York and California, where equal standards have long applied.

Following Ames, employers should approach promotion and demotion decisions with care, particularly where there could be claims of perceived bias. Consulting counsel can help evaluate potential risks and ensure compliance with Title VII, which protects all employees equally.

Read more in our latest Client Alert below.