This just in: As expected, the Supreme Court ruled unanimously in Ames v. Ohio Dept. of Youth Services that the standard for making a prima facie case of “reverse” discrimination (a claim by a “majority group” plaintiff) is the same as any other discrimination case under Title VII. The employee must show that they suffered an adverse action under circumstances which give rise to an inference of discrimination; they are not held to a higher standard.
For context, the case involved a claim by a heterosexual woman that she was subjected to sexual orientation discrimination in favor of homosexual employees. The Court noted that, “[b]y establishing the same protections for every ‘individual’ – without regard to that individual’s membership in a minority or majority group – Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.”
Of note, in a footnote to Justice Thomas’s concurrence to the opinion, he stated: “A number of this Nation’s largest and most prestigious employers have overtly discriminated against those they deem members of so-called majority groups. American employers have long been ‘obsessed’ with ‘diversity, equity, and inclusion’ initiatives and affirmative action plans. Initiatives of this kind have often led to overt discrimination against those perceived to be in the majority.”
This specific call-out of employer DEI initiatives reaffirms the importance of working with counsel to audit current company initiatives and programs, to ensure they are compliant with Title VII.
The Court’s full decision is here: 23-1039 Ames v. Ohio Dept. of Youth Servs. (06/05/2025)