The United States Supreme Court on June 5, 2025, resolved a circuit court split over claims for so called “reverse discrimination.” “Reverse discrimination” claims arise when a member of a “majority” group claim their employer has discriminated against them because of their membership in such majority group. The Sixth Circuit had previously required plaintiffs from majority groups alleging employment discrimination to establish “background circumstances” that showed they worked for the “unusual employer” who discriminated against the “majority” rather than the minority. The Supreme Court in Ames v. Ohio Department of Youth Services, rejected the Sixth Circuit’s heightened standard, and held that claims for discrimination of any kind must be analyzed under the same framework.
The Plaintiff in Ames alleged the Ohio Department of Youth Services denied her a promotion and then demoted her because she was not a member of the LGBTQ+ community. The Plaintiff was able to establish the elements customarily required of a claim for discrimination but failed to establish that the Ohio Department of Youth Services was the “unusual employer.” As a result, the trial court dismissed her claims, a decision the Sixth Circuit affirmed.
The Supreme Court in a unanimous decision reversed the Sixth Circuit, holding the heightened standard for members of a majority group contradicted the intent and language of Title VII of the Civil Rights Act of 1964. Title VII makes it illegal for employers to discriminate against any individual because of their “race, color, religion, sex, or national origin.” Recognizing this language does not differentiate based on majority or minority groups, the Justices made clear that lower federal courts cannot do so on their own initiative and treat plaintiffs differently.
Employees alleging reverse race discrimination—including those alleging negative consequences of a DEI policy or practice—now have a lower burden of proof than was previously required. This increases the potential for employers to encounter discrimination lawsuits from current and former employees. Moving forward, employers should make sure their employment policies, practices and decisions treat all employees equally, and that race, color, religion, sex, or national origin are not the basis for differential treatment.
At Bailey Cavalieri, our labor and employment practice group is dedicated to helping companies navigate the rapidly changing legal landscape of discrimination claims. If you have questions or need assistance regarding workplace matters, please contact us.