Supreme Court hears reverse discrimination case with implications for DEI

The eventual ruling in the case, Ames v. Ohio Department of Youth Services, could determine whether so-called reverse discrimination claims should be evaluated under the same standards as those brought by historically marginalized groups.

What is the legal issue before the Supreme Court?

At the heart of the case is the “background circumstances” rule, a legal test used by some federal courts when majority-group plaintiffs, such as white or straight employees, bring discrimination claims under Title VII of the Civil Rights Act of 1964. This rule requires these plaintiffs to prove that their employer is “that unusual employer who discriminates against the majority.”

Marlean Ames, a former Ohio Department of Youth Services employee and plaintiff in the case, argues that the rule makes it significantly harder for white and straight workers to bring discrimination lawsuits. Ames claims she was passed over for a promotion and later demoted in favor of less-qualified gay employees, a complaint that was rejected by two lower courts beneath the highest.