U.S. Supreme Court Rejects Heightened Standard for “Reverse Discrimination” Claims

Yesterday, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that white, heterosexual, and other “majority group” employees are not required to meet a heightened standard in order to prove illegal employment discrimination.  This decision puts majority group plaintiffs on the same legal footing as black, gay, and other minority plaintiffs when trying to prove illegal workplace discrimination.

Previously, several lower court decisions had held that, in order to prove illegal workplace discrimination, a majority group plaintiff had to prove all of the standard elements of discrimination plus, in addition, some “background circumstances”‘ to show that the employer was the “unusual employer who discriminates against the majority.”

In Ames, the U.S. Supreme Court rejected this additional “background circumstances” test, instead ruling that all employees were protected equally by federal non-discrimination laws, regardless of whether their membership in a minority or majority group.  The Court’s ruling therefore allowed a white, heterosexual woman to proceed with her claims that she suffered illegal discrimination by being passed over for promotion and then demoted — both times, with LGBTQ+ people being given her position.

This decision from the U.S. Supreme Court is almost certain to fuel an increase in employment discrimination claims brought by white, heterosexual, male, and other majority group employees.  You can read the U.S. Supreme Court’s full decision in Ames here.