June 24, 2025
Recently, the U.S. Supreme Court issued a rare unanimous decision in Ames v. Ohio Department of Youth Services. This ruling effectively leveled the standard for employees to succeed in bringing Employment Discrimination claims under Title VII.
Employers need to take note of Ames because it has placed employers in a more endangered position than they were before.
Before Ames, a handful of Federal Circuits distinguished between claims brought by those who are members of a “majority group” (defined as heterosexuals or white employees) and those who are members of a “minority group.” Specifically, majority-group employees were required to demonstrate “background circumstances” to prove that their employer discriminates against majority-group employees.
Ames has eliminated the distinction. Majority-group employees no longer must show “background circumstances” to prove their employer discriminated against majority-group employees.
As a result, it is now easier for majority-group employees to claim discrimination, which subsequently makes it easier for majority-group employees to win discrimination cases, thereby placing employers in a more perilous position.
Discrimination claims brought by majority-group employees will likely increase because the standard is lowered for majority-group employees. Employers should review policies and procedures such as their diversity, equity and inclusion (“DEI”) practices to ensure these practices do not advertently or inadvertently disadvantage majority-group employees.
Moreover, the Court’s ruling in Ames has already drawn national attention, which means many majority-group employees will be aware of their newfound ability to bring an effective discrimination claim. Employers should especially be on the lookout for claims brought due to a past incident, because before Ames many majority-group employees were discouraged from bringing a discrimination claim due to the handful of Federal Circuits that made it more difficult for majority-group employees to bring and subsequently win a discrimination claim.
If questions arise, contact your attorney for more detailed information regarding the impact of this ruling.
Written by Randle Kinswa, Legal Intern (under the supervision of Josh Brittingham, Carney Labor & Employment Law Group Chair)
This article is for informational purposes only and does not constitute legal advice. Please consult an attorney for advice specific to your situation.
