U.S. Supreme Court Reverses ‘Reverse’ Employment Discrimination Pleading Standard - Jackson Lewis
Takeaways
- The U.S. Supreme Court invalidated the “background circumstances” rule for Title VII claims, resolving a split in the circuits and holding that courts must evaluate claims brought by majority-group plaintiffs under the same evidentiary framework as minority-group plaintiffs.
- Justices Thomas and Gorsuch outlined their criticisms of the McDonnell Douglas framework and encouraged parties to litigate Title VII discrimination claims under the summary judgment standard used in almost all other contexts.
- Employers should continue to focus on equal employment for all individuals regardless of their race, color, sex, national origin, religion, age, disability, or other classification and regardless of any perceived “majority” status.
Related links
- Ames v. Ohio Department of Youth Services (opinion)
- SCOTUS’ Review of Title VII Reverse Discrimination Pleading Standard Will Likely Impact Employers’ Employment Decisions
- How the U.S. Supreme Court’s Affirmative Action in Student Admissions Decision Affects Employers
- U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim
Article
On June 5, 2025, the U.S. Supreme Court invalidated the “background circumstances” rule in “reverse” employment discrimination claims brought under Title VII of the Civil Rights Act in a unanimous decision overturning precedent held by five federal circuit courts of appeals. Ames v. Ohio Department of Youth Services, No. 23-1039.
The background...
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