IS YOUR EMPLOYEE IN THE MAJORITY OR MINORITY?
THE SUPREME COURT SAYS IT DOES NOT MATTER UNDER TITLE VII
On June 5, 2025, the Supreme Court settled a disagreement between the courts on whether plaintiffs who are members of a “majority group” must satisfy a higher burden under Title VII. The Court unanimously determined that all plaintiffs suing under Title VII must satisfy the same standard.
In Ames v. Ohio Department of Youth Services, the Supreme Court analyzed the standard applied by the Sixth Circuit to a claim filed by a heterosexual woman for sex discrimination under Title VII. The plaintiff here claimed that the defendant employer discriminated against her because of her sexual orientation. The Southern District Court of Ohio and the Sixth Circuit found that a plaintiff who is a member of a majority group (like a heterosexual plaintiff) must show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority” in addition to the general standard set for all Title VII plaintiffs. The Supreme Court unanimously disagreed with this “background circumstances” standard. The Court determined that all plaintiffs filing disparate treatment claims under Title VII are subject to the same standard, regardless of whether those claims were filed by members of a majority group.
On June 6, 2025, the acting chair of the EEOC issued a statement, celebrating this Supreme Court decision. https://content.govdelivery.com/accounts/USEEOC/bulletins/3e3ef91. In her statement, the acting chair reiterates the EEOC’s recent push to dismantle diversity, equity, and inclusion initiatives that may discriminate against employees specifically on the basis of race and sex. The statement further directs employees who have “experienced DEI-discrimination at work” to be encouraged by the Court’s decision.
The law – and the EEOC’s support of it – is clear: any employee who is discriminated against on the basis of race, color, religion, sex, or national origin has a valid claim under Title VII, including those employees who are members of a majority group. Practically speaking, the Supreme Court’s decision will not have much impact on the day-to-day operations of your business; however, all employers should take this opportunity to review your discrimination/harassment policies and to continue training employees to ensure that they comply with the constantly evolving state of employment law.
As always, our Labor and Employment Group is available to discuss and assist you with navigating these changes to the law.
Written By: Angel Sims
If you have any questions or need legal support, please contact:
Trip Umbach 205-868-6072 or tumbach@starneslaw.com
Alfred Perkins 205- 868-6024 or aperkins@starneslaw.com
Breanna Young 205- 868-6020 or byoung@starneslaw.com
Grace Ann Azar 205-868-1760 or gazar@starneslaw.com
Averie Jones 205-868-6043 or ajones@starneslaw.com
Angel Sims 205-868-1777 or asims@starneslaw.com
Scott Stevens 251-405-5067 or sstevens@starneslaw.com
Weathers Bolt 251-445-4718 or wbolt@starneslaw.com
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