In a unanimous decision written by Justice Ketanji Brown Jackson, a Black woman, the U.S. Supreme Court ruled that employees claiming they have been the victim of reverse discrimination don’t have additional hoops to jump through before getting their day in court. Until now, some federal courts required that employees claiming they had been discriminated against because of their status as members of protected classes that constitute the majority had to prove their employer was the unusual one that discriminates against a member of the majority. No more. Heterosexuals, white people, men and other members of majority groups now will have a much easier time getting their cases in front of juries.
The case: Marlean, a heterosexual, worked for the Ohio Department of Youth Services for more than two decades. In 2019, she was interviewed for a promotion. She wasn’t picked but a lesbian woman was. Soon after, she was demoted, and a gay man got her old job. The successful candidates had less education or experience than Marlean. She then sued, alleging she was denied a promotion and demoted because she is a heterosexual.
Lower courts rejected her claims, noting that she had not met her initial burden of proof, which they articulated as showing “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.” She appealed to the Supreme Court.
The court concluded that because minority groups don’t have that burden, neither should members of majorities. Title VII gives all individuals the right to sue over disparate treatment accorded them because of their protected status—in this case, as a heterosexual. Belonging to a majority (heterosexual) or minority (homosexual) group makes no difference. (Ames v. Ohio Department of Youth Services, U.S. Supreme Court 2025)
Takeaways: This case makes it easier for workers to sue their employers for discrimination based on all protected classifications, whether that classification constitutes a majority or minority. This is colloquially known as a reverse discrimination claim. Expect more reverse discrimination lawsuits to be filed and go to trial.
Employers should treat reverse discrimination claims as seriously as they do all other discrimination claims.
