The federal government is urging the U.S. Supreme Court to rule that anti-discrimination protections under Title VII should apply equally to all employees, without special pleading requirements for “reverse discrimination” cases.
In Ames v. Ohio Department of Youth Services, the Supreme Court agreed to clarify the pleading standard for “majority” group plaintiffs (e.g., white, male, or heterosexual employees) who allege discrimination under Title VII of the Civil Rights Act. Currently, five federal circuits apply a heightened standard for these cases, requiring plaintiffs to show “background circumstances” suggesting the employer discriminates against majority groups.
The EEOC and DOJ filed a brief urging the Court to reject this heightened standard, arguing it undermines Title VII’s purpose and legal precedent.
In Ames v. Ohio Department of Youth Services,Marlean Ames, a heterosexual employee, sued for reverse discrimination, claiming her promotion was given to a less-experienced gay woman, and she was replaced by a gay man with less tenure.The district court and Sixth Circuit ruled in favor of the employer, applying a “background circumstances” test for majority group plaintiffs.This test requires evidence, like statistical patterns or a minority group member making the decision, to show potential bias against majority groups. Ames did not provide such evidence.
The EEOC and DOJ argue that the “background circumstances” test is contrary to Title VII’s intent, which focuses on individual discrimination, not group patterns. The EEOC and DOJ further argue that even if an employer ordinarily treats members of the plaintiff’s class well, that is no defense to discrimination against a particular plaintiff. They cite the landmark equal-treatment decision in Bostock v. Clayton County, Ga., where the Court held that Title VII’s protections extend to sexual orientation and transgender status.
Implications for Employers
The Supreme Court will hear oral arguments on February 26. If the Court removes the “background circumstances” requirement, reverse discrimination cases will be easier to pursue in the five circuits that apply the heightened standard. Employers should always continue to base decisions on legitimate, nondiscriminatory reasons and maintain proper documentation to defend against potential claims.
For questions or concerns regarding this alert, please contact any member of the Poricanin Law team.