Supreme Court resolves circuit split in reverse discrimination cases

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court, in a rare unanimous employment opinion, held that placing an additional evidentiary burden on majority group plaintiffs was inconsistent with Title VII of the Civil Rights Act of 1964 and Supreme Court precedent. In Ames, the Court examined whether, in order to establish a prima facie case under Title VII, a plaintiff who belongs to a majority group (in this case, a white, heterosexual woman) needs to provide additional evidence to demonstrate background circumstances showing that the defendant is the unusual employer who discriminates against the majority. The so-called “background circumstances” rule required members of a majority group to provide additional evidence to satisfy a heightened evidentiary standard not required of a minority group. These reverse discrimination claims were litigated by individuals of majority groups that have traditionally been favored in society.

Background