Gutting ‘background circumstances’ requirement for ‘reverse discrimination’ claims

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. To establish a minimally sufficient discrimination claim under Title VII, employees generally must prove they’re members of a protected class, they were qualified for the job in question, they experienced an adverse employment action, and similarly situated individuals outside their protected class were treated more favorably.

‘Background circumstances’ requirement

In Title VII cases alleging reverse discrimination (when a member of a majority group alleges discrimination), some jurisdictions have adopted a rule requiring majority-group employees to provide “background circumstances” in place of showing membership in a protected class and in addition to the other elements required to establish a minimally sufficient discrimination case. These jurisdictions require such employees to produce evidence showing “background circumstances” to support the suspicion that the employer discriminates against the majority.

Appellate courts have been split on the application of the background circumstances rule. Historically, the U.S. 6th, 7th, 8th, 10th, and D.C. Circuit Courts of Appeals have applied the rule, while the other circuits haven’t.

Denied, then demoted