• 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.

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 circumstances rule required plaintiffs from historically advantaged groups — typically, white or male employees — to provide additional evidence suggesting that their employer was inclined to discriminate against the majority. Justice Ketanji Brown-Jackson, writing for the Court, explained that under this framework, “plaintiffs who are members of a majority group bear an additional burden … : They must also...

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