On June 5, 2025, the U.S. Supreme Court unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not required to meet a heightened evidentiary standard based on their majority-group status. This decision eliminates the "background circumstances" test previously applied in some federal circuits, which demanded additional proof from majority-group plaintiffs to establish a prima facie case of discrimination.
Marlean Ames, a heterosexual woman, started working for the Ohio Department of Youth Services in 2004. In 2020, she applied for a promotion but was passed over in favor of another employee whom she alleged was less qualified. Later, she was demoted. Ames filed a complaint alleging she was subjected to discrimination based on her sexual orientation—specifically for being heterosexual—in violation of Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin.
In a rare consensus, the Supreme Court unanimously reversed the lower court’s decision. Justice Ketanji Brown Jackson authored the unanimous opinion, stating that Title VII does not support imposing a different burden on plaintiffs based on their majority or minority status. The Court emphasized that all individuals, regardless of group membership, are entitled to equal protection...
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