Before June 5, 2025, the law (at least in some jurisdictions) was that majority-group employees (e.g., white or heterosexual) had to show additional “background circumstances” in addition to a prima facie case to prove discrimination – a heightened evidentiary standard. However, the U.S. Supreme Court recently rejected the “background circumstances” rule in Ames v. Ohio Department of Youth Services, deciding that members of a majority group do not have to meet a different, higher evidentiary standard in discrimination claims.

The Facts

Marlean Ames, an Ohio resident, claimed her employer, the Ohio Department of Youth Services (ODYS) discriminated against her based on her sexual orientation. Ames, a heterosexual woman, alleged that she applied for a promotion and not only was she denied the promotion, but she was demoted from her current position. The employee who was awarded the promotion and the employee who was placed into Ames’ position were both members of the LGBTQ+ community.

Ames filed a lawsuit, and the lower court granted ODYS summary judgment, reasoning that Ames had failed to show the required “background circumstances” to demonstrate that she was not promoted and was demoted because of her sexual orientation.

The Sixth Circuit Upholds the Background Circumstances Rule

The Sixth Circuit agreed, holding that the heterosexual female plaintiff did not allege sufficient background circumstances to establish her claim of reverse sexual orientation discrimination...

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