On June 5, 2025, the United States Supreme Court issued a unanimous decision holding plaintiffs, alleging what some refer to as “reverse discrimination”, are no longer required to meet a heightened evidentiary standard just because they are within a “majority group.” Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin. The landmark decision, issued in Ames v. Ohio Department of Youth Services, eliminates the previously used “background circumstances” standard, which required a “majority group” plaintiff to bring forth evidence to support the “suspicion that the defendant [was] an unusual employer who discriminates against the majority.” The background circumstances standard required plaintiffs such as white, male, or heterosexual workers to go one step further to proceed with litigation for employment discrimination.
Summer Associate Kate J. Sargent and Lawyer Brooke N. Schmidt
In Ames, the Court found that imposing a heightened standard on one type of claimant, but not another, created a double standard in how discrimination claims were evaluated, which was not supported by the federal statute. The Ames case involved a white, straight woman, Ms. Ames, who alleged she was passed over for a promotion and then subsequently demoted because of her sexual orientation. A lesbian woman received the new management position and Ms. Ames was removed from her prior position and replaced by a gay man, even though the man failed to apply for the position. Her lawsuit was dismissed based on her inability to provide “background circumstances” evidence that her employer was likely to discriminate against someone from the majority group. The Supreme Court ultimately sided with Ms. Ames, clarifying that Title VII prohibits all forms of workplace discrimination, even when the plaintiff is part of the majority group and that Ms. Ames, as a heterosexual woman, should not have had to pass a heightened standard for her claim to move forward.
The Ames decision carries meaningful consequences for employers nationwide. First, it levels the playing field for all employment discrimination claims, making it more likely that employees from majority groups will file lawsuits alleging discrimination. Second, it arguably increases the legal risk of maintaining DEI (diversity, equity, and inclusion) programs that attempt to create a more representative workforce by focusing on hiring historically underrepresented groups. These programs, depending on the wording and application, could be discriminatory on their face and/or cited as evidence of discrimination toward majority-group employees. While the Court did not declare all DEI programs unlawful, the decision signals that these programs, including internal DEI practices, will be met with more scrutiny going forward.
This does not mean that employers cannot value diversity and equity in the workplace, but it should put employers on high alert to revisit their internal policies and practices. Employers must apply hiring and promotion standards fairly and consistently, without giving preference to one group over the other. While the Ames case dealt with promotion and hiring, its precedent will affect all adverse employment actions. Thus, employers should maintain clear records which support that their hiring, promotion, discipline, and termination decisions are based on legitimate non-discriminatory reasons, such as qualifications, performance, and legitimate business needs.
In this new legal landscape, it is important to ensure your workplace policies and practices are defensible. If you are unsure whether your current policies or practices align with the new legal precedent, consulting with experienced legal counsel can provide clarity. The employment law group at Davenport, Evans, Hurwitz & Smith can answer any questions you may have about this change and help you protect your business. Contact a Davenport Evans lawyer at 605-336-2880, [email protected], or find a specific attorney on our Our Lawyers page.
Davenport, Evans, Hurwitz & Smith, LLP, located in Sioux Falls, South Dakota, is one of the state’s largest law firms. The firm’s attorneys provide business and litigation counsel to individuals and corporate clients in a variety of practice areas. For more information about Davenport Evans, visit www.dehs.com.