June Tip of the Month: Supreme Court Decision Levels the Playing Field for “Reverse Discrimination” Claims
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services, holding that members of a majority group are not required to meet a heightened evidentiary standard to prevail on a Title VII discrimination claim.
This case—which lowers the bar for “reverse discrimination” claims—reached the Supreme Court after several federal courts of appeals had imposed an additional burden on majority-group plaintiffs requiring them to present “background circumstances” evidence, such as statistical data demonstrating a pattern of discrimination, to establish a prima facie case of discrimination under Title VII. The Supreme Court rejected this approach in Ames. The Ames decision serves as a critical reminder that decisions affecting any employees must be based on legitimate, nondiscriminatory reasons, as members of majority and minority groups are equally positioned to pursue discrimination claims. The ruling may also embolden legal challenges to DEI programs, underscoring the importance of carefully reviewing such programs to ensure compliance with applicable law.
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Before proceeding, please note: If you are not a current client of Perkins Coie, please do not include any information in this e-mail that you or someone else considers to be of a confidential or secret nature. Perkins Coie has no duty to keep confidential any of the information you provide. Neither the transmission nor receipt of your information is considered a request for legal advice, securing or retaining a lawyer. An attorney-client relationship with Perkins Coie or any lawyer at Perkins Coie is not established until and unless Perkins Coie agrees to such a relationship as memorialized in a separate writing.