Supreme Court Clarifies Discrimination Test In Unanimous Decision - Mondaq
On June 5, 2025, the U.S. Supreme Court in Ames v. Ohio Department of Youth Servicesunanimously ruled that a plaintiff bringing an action for employment discrimination under Title VII of the Civil Rights Act is entitled to the same legal standard — regardless of whether they belong to a majority or minority group.
The Supreme Court overturned a Sixth Circuit decision that imposed a higher burden on majority-group parties — such as white, male, or heterosexual individuals — by requiring them to meet the so-called "background circumstances" test. Under that test, such parties had to show that their employer was an "unusual employer who discriminates against the majority." The Supreme Court found this heightened requirement inconsistent with both the text and purpose of Title VII.
The case arose from a lawsuit filed by Marlean Ames, a heterosexual woman who alleged she was discriminated against based on sexual orientation. Ames claimed that in 2019, she was passed over for a promotion in favor of a lesbian woman and was later demoted, with her former position filled by a gay man.
The Sixth Circuit dismissed her claim, holding that Ames failed to show "background circumstances" suggesting her employer discriminated against majority-group members. The Supreme Court rejected that reasoning, emphasizing that Title VII's disparate-treatment provision protects individuals from discrimination based on race, color, religion, sex, or national origin — without regard to whether the...
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