On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted evidentiary standard to majority group plaintiffs seeking to state a prima facie claim for disparate treatment under Title VII—is inconsistent with Title VII. The Court vacated the Sixth Circuit’s decision granting summary judgment to the Ohio Department of Youth Services, and remanded it to the lower court.
Background
Plaintiff Marlean Ames, a heterosexual woman, began working at the Ohio Department of Youth Services (the “Department”) as an executive secretary in 2004. In 2014, she was promoted to a program administrator role. In April 2019, Plaintiff applied for another promotion, but was not hired. In May 2019, the Department demoted Plaintiff back to her executive secretary position. The Department then hired a 25-year-old gay man to fill her previously held program administrator 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 (e.g.,...
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