Supreme Court Rules: No Extra Hurdles for Reverse Discrimination Cases

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that reverse discrimination claims are no longer subject to different rules. This decision alters the landscape for employers defending Title VII discrimination claims. In light of Ames, employers should ensure hiring, promotion and other employment decisions are based on objective, job-related criteria. Employers must ensure that their employment decisions are not only free from bias but also supported by clear, consistent documentation.

About the Case

In Ames, a heterosexual woman alleges that she was discriminated against in violation of Title VII when she was passed over for a promotion and demoted because she is heterosexual. A district court granted summary judgment and dismissed her case because she failed to show that “background circumstances” prompted her employer to discriminate against her. The Sixth Circuit affirmed the summary judgment decision. The Supreme Court, vacating summary judgment, has rejected this more stringent “background circumstances” rule and instead reaffirmed that Title VII protects all individuals equally, regardless of whether their protected status stems from a majority or minority group affiliation.

For questions regarding how this will affect your business, please contact Lisa M. Scidurlo, Michael G. Tierce or the Stevens & Lee attorney with whom you regularly work