SCOTUS Decision Makes it Easier for Employees of a Majority Group to Prove “Reverse Discrimination”

On June 5, 2025, the United States Supreme Court in Ames v. Ohio Department of Youth Services unanimously held that plaintiffs from majority demographic groups do not have to satisfy a heightened burden to prove discrimination under Title VII. Although lower courts were split on the issue, the Court’s decision endorsed the view that was already in place in the Second and Third Circuit, under which plaintiffs do not have to show “background circumstances” as to why their employer was the “unusual employer who discriminates against the majority.”

The Court’s reasoning rested on the spirit behind Title VII, which, as the Court explained in its opinion, prohibits discrimination against any individual in a protected group and that requiring a heightened evidentiary standard against specific groups violated the language and the purpose of the statute.

Why This Matters

This decision will streamline the path for majority-group plaintiffs to assert discrimination claims under Title VII. With the Court’s decision, employers should now expect an uptick in federal discrimination suits, especially challenges to DEI programs, and should tailor their diversity, equity, and inclusion efforts to better comply with Title VII requirements as they relate to “reverse discrimination” claims.

In light of the Ames decision, it is very possible that New Jersey State courts may choose to reassess the heightened standard currently applied to “reverse discrimination” claims under the State’s Law Against Discrimination. In adopting a heightened standard, New Jersey currently follows the very federal framework that was rejected by the Supreme Court in Ames, so litigants should expect renewed challenges to that standard.

Employers committed to fostering inclusive workplaces may continue to pursue a range of thoughtfully designed lawful programs and practices in furtherance of that commitment. Employers are advised, however, to regularly assess such programs and practices in light of the evolving legal landscape.

Lindabury’s Labor & Employment attorneys are available to answer questions about the potential impact of the Court’s decision and help develop effective nondiscrimination policies.