SCOTUS Reaffirms Equal Access to Title VII

On June 5, in Ames v. Ohio Dept. of Youth Services, the Supreme Court resolved a circuit split by unanimously reaffirming Title VII protects “any individual” from discrimination based on race, color, religion, sex, or national origin—without regard to whether the plaintiff is a member of a majority or minority group. The Court eliminated the need for a plaintiff who is a member of a majority group to show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”

What does this mean?

The Court has lowered the bar for majority-group employees (e.g., white, male, heterosexual, Christian) to bring discrimination claims.

What does this mean for you?

As an employer in Louisiana or Texas, it is unlikely you will see much change because the Fifth Circuit never applied this “background circumstances” requirement. Elsewhere, this change is likely to result in an uptick in so-called “reverse discrimination” lawsuits.

This ruling is an important reminder to review and, if necessary, revise internal employment policies, training, and DEI (diversity, equity, and inclusion) initiatives to ensure that anti-discrimination practices are applied consistently and neutrally, regardless of the group status of the complainant.

You can find the full SCOTUS decision here.