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On June 5, 2025, the US Supreme Court decided Ames v. Ohio Department of Youth Services, which ended a circuit split on whether the background circumstances test was required to succeed on a discrimination claim brought by a member of a majority group, holding that it was not.
In Ames, the claimant alleged discrimination based on her heterosexual sexual orientation status, which placed her in the majority group. Specifically, she claimed that she was passed over for promotion in favor of a lesser-qualified homosexual applicant and later was demoted by a manager who likewise was gay. In the Sixth Circuit, the Court granted summary judgment for the Department of Youth Services, stating Ames failed to meet her prima facie burden because she did not meet the heightened evidentiary standard of the background circumstances test required of members of a majority class who bring discrimination claims. The test required her to overcome the assumption that the typical employer does not discriminate against the majority. The Sixth Circuit explained that Ames could have satisfied the heightened burden by presenting “evidence that a member of the relevant minority group made the employment decision at issue, or with statistical evidence showing a pattern of discrimination…against members of the majority group.” The case was then appealed to the US Supreme Court, who looked to the plain language of Title VII, holding that it made no distinction between majority-group claimants and minority-group claimants, and therefore, no distinction between discrimination against the majority (“reverse-discrimination”) or discrimination against the minority (“discrimination”). Clearly stated, discrimination is discrimination under Title VII. Further, they held that the imposition of an additional test is against the intent of Title VII as well as judicial efficiencies.
In practice, this ruling makes it easier for majority groups to bring and succeed on discrimination claims in all circuits and could instigate an influx of discrimination claims brought by majority-group workers. Considering all workers fall into one or more protected classes under Title VII, employers must carefully review how their policies and practices affect not only minority workers, but majority workers as well.
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