On February 26, 2025, the United States Supreme Court entertained oral argument in Ames v. Ohio Department of Youth Services, a case that centered on whether a plaintiff who is a member of a majority group must meet a higher burden—namely, showing supporting “background circumstances”—in establishing a prima facie case of discrimination under Title VII.
Background
Plaintiff Ames, a heterosexual woman, began working at the Ohio Department of Youth Services (the “Department”) in 2004. In 2014, she was promoted to Administrator of the Prison Rape Elimination Act. In April 2019, Plaintiff applied for another promotion, but was not selected. Shortly thereafter, Plaintiff alleges that her supervisor suggested that Plaintiff retire. In May 2019, Plaintiff was demoted, which resulted in a significant pay cut, and the Department hired a 25-year-old gay man for the position. Later that year, a gay woman received the promotion Plaintiff had applied for. Plaintiff sued the Department alleging discrimination based on sexual orientation and sex under Title VII.
The U.S. District Court for the Southern District of Ohio granted summary judgment in favor of the Department, concluding Plaintiff failed to establish a prima facie case. The court invoked the “background circumstances” doctrine, which provides that members of a majority group must show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority” to...
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