Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against any individual based on race, color, religion, sex, or national origin. But does that protection apply equally to white, male, or heterosexual employees? Or should they have to clear a higher bar to prove discrimination? On June 5, 2025, the United States Supreme Court answered with a unanimous “no” in its decision in Ames v. Ohio Department of Youth Services. Ames eliminates the “background circumstances” rule, which mandated that majority-group plaintiffs in Title VII discrimination cases provide additional evidence suggesting that the employer was the “unusual” type that discriminates against the majority.
The case involved Marlean Ames, a heterosexual employee, who alleged that the Ohio Department of Youth Services discriminated against her. Ames interviewed for a new management position, but the agency instead hired a lesbian candidate. Shortly after, she was removed from her role as program administrator and demoted to a secretarial job, with a pay cut. The agency then hired a gay man to replace her as program administrator. Ames sued under Title VII, claiming she was denied the promotion and demoted because of her sexual orientation.
The Unites States District Court for the Southern District of Ohio granted summary judgment to the agency. And the U.S. Court of Appeals for the Sixth Circuit affirmed, reasoning that as a heterosexual individual, the plaintiff needed to present...
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