The Supreme Court decided 9-0 that a majority group plaintiff cannot be held to a different, heightened evidentiary standard when alleging employment discrimination under Title VII.

Historically, the Sixth, Seventh, Eighth, Tenth and DC Circuits have applied a heightened pleading standard for plaintiffs from a majority group, requiring them to show “background circumstances to support the suspicion that the [employer] is that unusual employer who discriminates against the majority.” In Ames v. Ohio Department of Youth Services, Marlean Ames alleged she was denied promotion and demoted because of her sexual orientation. Ames is heterosexual. 

Overruling the Sixth and other Circuits requiring this special “background circumstances” test, the U.S. Supreme Court held that the standard for proving discrimination under Title VII “does not vary based on whether or not the plaintiff is a member of a majority group.”

Title VII never imposed additional requirements for employees in the majority group and the Supreme Court noted that “Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.” Justice Jackson wrote, “Title VII’s disparate treatment provision draws no distinctions between majority group plaintiffs and minority group plaintiffs.” In short, Ames simplifies the path for majority group plaintiffs to sue their employers under Title VII.

The Ames decision follows the Equal Employment Opportunity Commission’s recent guidance entitled, “What You Should Know About DEI-Related Discrimination at Work,” which took the position that “Title VII’s protections apply equally to all workers” and highlighted that the EEOC “does not require a higher showing of proof for so-called ‘reverse’ discrimination claims.”

Going forward, employers are encouraged to ensure that their employment decisions are based upon employee qualifications and not employee identities. Additionally, diversity, equity and inclusion initiatives should align with Title VII’s prohibition against discrimination against any employee based upon any protected class.