The 2024-25 term of the U.S. Supreme Court is over. Two decisions at the end of the term directly addressed employment law issues, and two others will have an indirect impact on employers. Here is what you need to know:
No. 1: Expect more “reverse discrimination” claims. In Ames v. Ohio Dep’t of Youth Services, a straight woman alleged that she was passed over for a promotion and then demoted, in both cases because she was not gay. Colin Finnegan of our Kansas City Office has more details about the Court’s decision here.
Before the SCOTUS decision was issued, a number of circuits were requiring plaintiffs in Title VII “reverse discrimination” cases to prove more than plaintiffs in “traditional discrimination” cases. Specifically, the “reverse discrimination” plaintiff had to show, in addition to the usual, that there were background circumstances indicating that the defendant was the “unusual employer that discriminates against the majority group.” In Ames, the Supreme Court unanimously said that this was not required by Title VII and that the statute provides the same protections to -- and imposes the same burdens of proof on -- everyone.
As a result, employers can expect an increase in discrimination claims brought by "majority group" employees alleging that they were treated less favorably than similarly situated "minority group" employees – and more of those claims are likely to get to the summary judgment stage, or even trial.
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