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Reverse discrimination claims boosted by Supreme Court

July 2025 employment law letter
Authors: 

Paige Good and Harrison Kosmider, McAfee & Taft

With its ruling in early June, the U.S. Supreme Court resolved a contentious disagreement between courts regarding the burden of proof required to file a disparate treatment claim under Title VII of the Civil Rights Act of 1964. While the majority of appeals courts in the United States have not imposed an extra burden on employees asserting claims under Title VII regardless of their status, some courts have required employees with a majority background—such as white, male, or heterosexual individuals—to prove additional circumstances existed to succeed on a Title VII claim. That extra burden has now been eliminated, and employees of all backgrounds are on equal footing when asserting disparate treatment under Title VII.

Heterosexual woman claims sexual orientation discrimination

Marlean Ames is a heterosexual woman who claimed she was discriminated against because of her sexual orientation in violation of Title VII after a lesbian woman was selected for a management position over her, and Ames was demoted in favor of a gay man. The trial court and the U.S. 6th Circuit Court of Appeals both found in favor of the employer, the Ohio Department of Youth Services.

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