New England Biz Law Update
Plaintiffs alleging reverse discrimination under Title VII of the Civil Rights Act of 1964 are not required to meet a heightened evidentiary standard previously imposed by some lower courts, the U.S. Supreme Court has ruled unanimously.
The case, Ames v. Ohio Department of Youth Services, involved Marlean Ames, a heterosexual woman employed by the Ohio Department of Youth Services who claimed that she was denied a promotion and subsequently demoted in favor of less-qualified LGBTQ+ colleagues.
The U.S District Court for the Southern District of Ohio granted summary judgment in favor of the Ohio Department of Youth Services, applying the “background circumstances” test.
Under that test, majority-group plaintiffs like Ames were required to provide additional evidence suggesting that their employer is one of the rare entities that discriminates against majority groups.
The 6th U.S. Circuit Court of Appeals affirmed, applying the same test.
But the U.S. Supreme Court unanimously reversed, holding that imposing a heightened evidentiary standard on majority-group plaintiffs is inconsistent with Title VII.
Justice Ketanji Brown Jackson, writing for the court, said that Title VII’s protections apply equally to all individuals, regardless of their majority or minority status.
The court found that imposing a higher burden on majority-group plaintiffs is inconsistent with the statute’s text and purpose. It went on to vacate the lower court’s decision and remanded the case for further proceedings under the standard evidentiary framework.
Implications for employers
As a result of the ruling, employers navigating discrimination claims and workplace equity policies should be aware of the following:
Uniform standard: All discrimination claims under Title VII must now be evaluated using the same evidentiary standards, eliminating the previously higher threshold for majority-group plaintiffs.
Policy review: Employers should review their anti-discrimination policies and training programs to ensure that they are applied consistently across all employee groups.
Increased litigation: The decision may lead to an uptick in reverse discrimination claims, as the barrier to initiating such lawsuits has been lowered.
Employers are advised to consult with legal counsel to navigate these matters and to ensure compliance with Title VII.
