News & Analysis as of

Disparate Treatment

Jones Day

U.S. Supreme Court Ends Heightened Evidentiary Hurdle for "Majority Group" Plaintiffs in Title VII Discrimination Cases

Jones Day on

On June 5, 2025, the Supreme Court decided Ames v. Ohio Department of Youth Services and held that a "majority group" plaintiff in a Title VII case need not satisfy a heightened evidentiary burden to establish a prima-facie...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP invites contractors to disclose efforts to wrap up EO 11246 compliance

File under “thanks, but no thanks.” In an open letter to contractors, Catherine Eschbach, Director of the Office of Federal Contract Compliance Programs, offers contractors the opportunity to explain how they have wound...more

Whiteford

Employment Law Update: U.S. Supreme Court Ends Double Standard: All Employees Get Equal Protection in Title VII Discrimination...

Whiteford on

On June 5, 2025, in a unanimous and highly anticipated decision, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, No. 23-1039, clarified a critical point in employment law: all employees—regardless of...more

Perkins Coie

SCOTUS Clarifies Law on “Majority-Group” Title VII Claims

Perkins Coie on

Key Takeaways - - The Supreme Court of the United States unanimously held in Ames v. Ohio Department of Youth Services that a plaintiff who is a member of a majority group does not need to show additional “background...more

Snell & Wilmer

United States Supreme Court Rejects Heightened Prima Facie Standard for “Majority” Plaintiffs in Title VII Cases

Snell & Wilmer on

A unanimous Supreme Court decision in Ames v. Ohio Department of Youth Services clarified that Title VII plaintiffs who are members of a majority group have the same standard for establishing their claim as a plaintiff who is...more

Warner Norcross + Judd

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Discrimination Claims

Warner Norcross + Judd on

On June 5, the U.S. Supreme Court unanimously held in Ames v. Ohio Dept. of Youth Services that courts cannot apply a heightened evidentiary standard to majority-group plaintiffs when deciding discrimination claims. The...more

McGlinchey Stafford

SCOTUS Ames Decision: Everyone’s in a “Protected Class”

McGlinchey Stafford on

In employment law, we traditionally think of discrimination as applying to minority groups: African Americans, women, homosexuals, or other legally protected groups. In analyzing discrimination claims, one of the first...more

Cole Schotz

U.S. Supreme Court Issues Reversal for Title VII “Reverse Discrimination” Claims

Cole Schotz on

On June 5, 2025, in a 9-0 opinion, the United States Supreme Court ruled in Ames v. Ohio Dept. of Youth Services that members of a “majority group” do not have to satisfy a heightened evidentiary standard to prevail on a...more

Bass, Berry & Sims PLC

Supreme Court – Same Burden of Proof Applies to All Plaintiffs in Title VII Discrimination Claims, Removing Greater Burden for...

Bass, Berry & Sims PLC on

On June 5, the U.S. Supreme Court issued a unanimous decision, overruling the Sixth Circuit’s “background circumstances” rule in employment discrimination cases. The background circumstances rule required members of a...more

Nelson Mullins Riley & Scarborough LLP

Supreme Court Standardizes Burden for Majority and Minority Plaintiffs Bringing Title VII Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, significantly impacting how employment discrimination claims brought by members of a majority group—such as...more

Pierce Atwood LLP

Supreme Court Clarifies Title VII Evidentiary Standards in “Reverse Discrimination” Cases, Removing Heightened Standard

Pierce Atwood LLP on

In Ames v. Ohio Dept. of Youth Servs., the U.S. Supreme Court recently settled a circuit split and held that the Sixth Circuit’s “background circumstances” rule, which was applied only to plaintiffs from majority...more

Proskauer - Law and the Workplace

U.S. Supreme Court Holds Majority-Group Plaintiffs Are Not Subject to a Heightened Evidentiary Standard Under Title VII

On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in Ames v. Ohio Dep’t of Youth Services, ruling that the “background circumstances” test—which applies a heighted...more

Berkshire

Supreme Court Rejects Higher Standards for Majority Plaintiffs in Title VII Disparate Treatment Cases

Berkshire on

The Supreme Court has voted unanimously to end a Circuit Court split regarding whether members of a “majority group” have additional evidentiary burdens when bringing a case under Title VII of the Civil Rights Act for...more

Kilpatrick

One Standard for All: SCOTUS Rejects Heightened Evidentiary Standard for Reverse Discrimination Claims

Kilpatrick on

On June 5, 2025, the United States Supreme Court issued a unanimous opinion in Ames v. Ohio Department of Youth Services, decisively rejecting the so-called “background circumstances” rule that required majority-group...more

Hinckley Allen

An End to the Heightened Reverse Discrimination Standard

Hinckley Allen on

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision holding that “reverse discrimination” claims are not subject to a heightened standard of proof. This decision clarifies the legal standard required for such...more

Foley Hoag LLP

Supreme Court Rejects Heightened Evidentiary Standard for Majority-Group Plaintiffs in Title VII Disparate Treatment Claims

Foley Hoag LLP on

Key Takeaways: - The Supreme Court held that Title VII does not permit courts to impose a heightened evidentiary standard on majority-group plaintiffs alleging disparate treatment. - Some lower courts have required...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Confirms Title VII’s Standard Is the Same for Majority and Minority-Group Plaintiffs

On June 5, 2025, the Supreme Court of the United States unanimously held in Ames v. Ohio Department of Youth Services that the standard for establishing a Title VII claim is the same for all individuals, regardless of whether...more

Poyner Spruill LLP

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

Poyner Spruill LLP on

On June 5, 2025, the Supreme Court issued its much-anticipated ruling in Ames v. Ohio Department of Youth Services, concluding that courts cannot require members of a majority group to satisfy a heightened evidentiary...more

Frantz Ward LLP

Higher Burden No More: Supreme Court Eliminates Higher Standard for Majority-Group Plaintiffs

Frantz Ward LLP on

In Ames v. Ohio Dept. of Youth Services, the Supreme Court eliminated the higher standard majority-group plaintiffs had to meet in Title VII discrimination cases. Traditionally, a Title VII plaintiff must show they are a...more

Goldberg Segalla

Supreme Court: Plaintiffs Claiming Reverse Discrimination Not Required to Meet Heightened Evidentiary Burden

Goldberg Segalla on

The U.S. Supreme Court on June 5 rendered an opinion in Ames v. Ohio Department of Youth Services (Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).), resolving a circuit split regarding the applicable standard...more

Gordon Rees Scully Mansukhani

SCOTUS Unanimously Rejects Heightened Burden for Majority-Group Discrimination Claims

On June 5, 2025, the U.S. Supreme Court unanimously ruled in favor of petitioner, Marlean Ames, a heterosexual woman, who commenced a reverse discrimination case against her former employer, the Ohio Department of Youth...more

Bracewell LLP

Employees in the “Majority” Do Not Have Higher Burden When Proving Discrimination Says Unanimous Supreme Court

Bracewell LLP on

In a case filed by a heterosexual woman claiming she was discriminated against due to her sexual orientation, a unanimous United States Supreme Court held that she should not be required to meet a higher standard to prove...more

ArentFox Schiff

Supreme Court Resolves Conflict on Burden for ‘Reverse’ Discrimination Claims

ArentFox Schiff on

In Ames v. Ohio Department of Youth Services, No. 23-1039 (S. Ct. June 5, 2025), the US Supreme Court unanimously dispelled the concept of “reverse” discrimination, making clear that discrimination on the basis of a protected...more

Foley & Lardner LLP

Supreme Court Clarifies Discrimination Test in Unanimous Decision

Foley & Lardner LLP on

On June 5, 2025, the U.S. Supreme Court in Ames v. Ohio Department of Youth Services unanimously ruled that a plaintiff bringing an action for employment discrimination under Title VII of the Civil Rights Act is entitled to...more

Baker Donelson

Leveling the Field: Supreme Court Nixes Extra Hurdles for Majority Plaintiffs in Title VII Cases

Baker Donelson on

On June 5, 2025, a unanimous Supreme Court in Ames v. Ohio Department of Youth Services vacated a Sixth Circuit decision imposing an additional evidentiary hurdle on "majority-group" plaintiffs (e.g., Caucasian, male,...more

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