SCOTUS rejects added burden on majority-group members to prove discrimination

On June 5, 2025, the U.S. Supreme Court issued its decision in Ames v. Ohio Department of Youth Services, a case that challenged the heightened evidentiary burden imposed on majority-group employees in employment discrimination cases under Title VII of the Civil Rights Act of 1964. The Court ruled that the so-called “background circumstances” rule had no support in the text of Title VII and that it was wrong to impose an extra evidentiary burden on members of majority groups who complain about discrimination. The ruling will shape “reverse discrimination” litigation in the federal courts, including cases involving diversity, equity, and inclusion (DEI) initiatives.

Heterosexual employee replaced by homosexual employee

In 2004, the Ohio Department of Youth Services hired Marlean Ames, a heterosexual woman, to be an executive secretary. She was eventually promoted to program administrator. In 2017, a homosexual woman became her supervisor.

In 2019, Ames applied for a newly created management position in the agency’s Office of Quality and Improvement. She was interviewed, but the agency selected a lesbian woman for the position instead. Shortly thereafter, Ames was demoted from her role as administrator and replaced by a younger, homosexual man. She accepted a demotion to the secretarial role that she had when she joined the agency.