On June 5, 2025, in Ames v. Ohio Dep’t of Youth Servs., 221 L. Ed. 2d 929 (2025), the United States Supreme Court rejected the Sixth Circuit’s rule that a majority group plaintiff in a “reverse discrimination” Title VII case must present evidence of “background circumstances” that the plaintiff’s employer is the “unusual” employer that “discriminates against the majority” in order to meet their initial burden under the McDonnell Douglas framework.
In a unanimous opinion, the Court reasoned that Title VII’s disparate treatment provision draws no distinction between majority group plaintiffs and minority group plaintiffs. The Court emphasized that the provision establishes protection for every individual without regard to the individual’s membership in a majority or minority group, and that Congress did not intend to impose specific requirements on majority group plaintiffs. Instead, Title VII’s protections are available to “any individual” when experiencing an adverse employment action based on protected characteristics.
As a result of this decision, employers should be aware that there is no heightened burden for majority group plaintiffs when they bring a claim under Title VII of the Civil Rights Act. Rather, majority and minority group plaintiffs are subject to the same standard. This ruling may result in an increase in Title VII litigation from majority group plaintiffs.
For more information about this decision, please contact Rina Russo or one of the other employment law attorneys at Weston Hurd LLP.
