Update Applicable to:	Effective Date
All Employers	June 5, 2025

What happened?

On June 5, 2025, the U.S. Supreme Court unanimously ruled that majority group employees are entitled to the same standard of proof as others when bringing workplace discrimination claims under Title VII.

Overview:

Case: Ames v. Ohio Department of Youth Services: This decision struck down the “background circumstances” rule used by some lower courts, which had required majority group plaintiffs to provide extra evidence to show they were discriminated against. The term “majority group” includes but is not limited to heterosexuals, men, and white individuals.

Legal Significance

Title VII prohibits discrimination against any individual based on race, color, religion, sex, or national origin.

• The Court emphasized that no group—majority or minority—should face a higher burden to prove discrimination.
• All US employees, regardless of majority or minority status, are now subject to the same evidentiary standards when bringing Title VII discrimination claims.

States That Will See a Change:

• Although the decision has significant implications for employers nationwide, employers with operations in states falling within the 6th, 7th, 8th, 10th, and D.C. Circuit jurisdictions will now see a new standard – Arkansas, Colorado, D.C., Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Utah, Wisconsin, and Wyoming.

What This Means for Employers

• Equality: All employees must be treated equally under anti-discrimination laws.

• Policy Review: DEI and HR policies should be reviewed to ensure they do not unintentionally disadvantage majority-group employees.

• Documentation: Employment decisions should be based on clear, objective criteria and well-documented.

Additional Details:

Case Background

• Plaintiff: Marlean Ames, a heterosexual woman.
• Claim: She was denied a promotion and later demoted in favor of LGBTQ colleagues.
• Lower Courts: Dismissed her case for not proving her employer was unusually biased against majority groups.
• Supreme Court: Reversed the decision, affirming that Title VII protects all individuals equally.

Recommended Employer Actions

• Audit anti-discrimination and DEI policies for fairness and compliance.
• Train managers to apply policies consistently to all employees.
• Use neutral, merit-based criteria for hiring, promotions, and discipline.
• Encourage open communication and protect against retaliation.
• Review training programs to ensure fairness and objectivity, using balanced examples and avoid stereotyping groups as only perpetrators or victims.

Source References

• Marlean A. Ames, Petitioner Vs Ohio Department of Youth Services (No. 23-1039)
• Supreme Court – Opinion of the Court

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