On February 26, 2025, the Supreme Court heard arguments in a case that could change how so-
called reverse discrimination claims are handled. The case, Ames v. Ohio Department of Youth
Services, will decide whether employees from majority groups (like white males) need to meet a
higher standard of proof than minority group employees when bringing a discrimination claim
against an employer. The key question is whether Title VII of the Civil Rights Act requires these
majority group plaintiffs to show additional evidence, known as “background circumstances,” to
prove their case.
What is the “Background Circumstances” Rule?
Title VII prohibits job discrimination based on race, color, religion, sex, or national origin. To
make a discrimination claim, an employee usually needs to show they belong to a protected
class, faced negative job action, met job expectations, and were treated worse than others outside
their protected class. Some courts, like the Sixth Circuit, require majority group plaintiffs to also
show “background circumstances” suggesting their employer is the unusual employer that
discriminates against the majority. However, this rule is not applied uniformly across all federal
courts, leading to different standards across different federal circuits.
Ames v. Ohio Department of Youth Services Case Details
Marlean Ames, a heterosexual woman, who worked at the Ohio Department of Youth Services,
was passed over for a promotion and later demoted, with her positions filled by LGBTQ+
individuals. Ames claimed, in part, that her employer’s actions were discriminatory based on her
sexual orientation. The lower court ruled against her, saying she didn’t provide enough
“background circumstances” evidence. The Sixth Circuit upheld this decision, noting that such
evidence often includes showing that a minority group member made the employment decision
or statistical proof of a pattern of discrimination.
What Could Happen Next?
Given the Supreme Court’s recent stance against affirmative action in school admissions, it
seems likely they might rule against the “background circumstances” requirement. This would
make it easier for majority group plaintiffs to bring discrimination claims.
What Should Employers Do?
Employers should stay informed about the Supreme Court’s decision, which will clarify the
standards for reverse discrimination claims. Regardless of the outcome, it’s crucial for employers
to ensure all employment decisions are based on fair, non-discriminatory reasons. Training staff
to use objective criteria and keeping detailed records of employment actions can help prevent
discrimination claims and demonstrate a commitment to fairness.
For more information, contact any member of Ice Miller’s Workplace Solutions Group.
This publication is intended for general information purposes only and does not and is not
intended to constitute legal advice. The reader should consult with legal counsel to determine
how laws or decisions discussed herein apply to the reader’s specific circumstances.