SCOTUS Rejects Higher Bar for Majority-Group Discrimination Claims

The case involved an Ohioan named Marlean Ames, who alleged she was passed over for promotions and later demoted in favor of gay colleagues with less experience or education.  Ames sued under Title VII of the Civil Rights Act, which prevents employment discrimination based on protected classes like race, color, religion, sex, or national origin.

Lower courts had dismissed her claim under a stricter standard commonly used against majority-group plaintiffs, which required her to show unusual “background circumstances” that would suggest reverse discrimination.

In its ruling, the Supreme Court dismissed the use of the “background circumstances” requirement for majority-group plaintiffs.

Justice Ketanji Brown Jackson wrote for the court, “Title VII’s disparate treatment provision draws no distinctions between majority-group plaintiffs and minority-group plaintiffs.” This means that courts cannot apply a different, or stricter, legal standard for plaintiffs simply because they belong to a majority group. Discrimination protections apply equally to all individuals.

In a concurring opinion for the court, Justice Clarence Thomas discussed how it can be difficult to identify who is a member of the “majority.”

He wrote, “Women, for example, make up the majority in the United States as a whole, but not in some states and counties. Similarly, women make up the majority of employees in certain industries, such as teaching and nursing, but the minority in other industries, such as construction.”

Employers must now apply the same legal standards to all claims, regardless of the plaintiff’s group identity. With the “background circumstance” rule gone, all employees are entitled to the same standard under Title VII of the Civil Rights Act, prohibiting discrimination based on a protected class. Discrimination prevention training for managers and a thorough review of employment decisions and any discrimination claims are critical for remaining compliant under Title VII.