Majority group plaintiffs can experience discrimination too!

The Supreme Court's unanimous decision in Ames v. Ohio Department of Youth Services may have significant implications for workplace discrimination claims. The ruling eliminates the often-perceived heightened evidentiary standard that majority-group plaintiffs previously had to meet in order to claim discrimination, making it easier for individuals from majority groups—such as white, male, or heterosexual employees—to bring discrimination lawsuits.

The case involved Marlean Ames, a straight woman who alleged that she was denied a promotion and later demoted in favor of less-qualified LGBTQ colleagues. The Supreme Court rejected the Sixth Circuit’s requirement that majority-group plaintiffs must provide “background circumstances” proving their employer discriminates against the majority. Instead, the Court clarified that Title VII of the Civil Rights Act of 1964 prohibits discrimination against any individual, regardless of their group identity.

Legal experts predict that this ruling will lead to an increase in discrimination claims from majority-group employees, particularly in circuits that previously imposed a higher burden on such plaintiffs. Employers are advised to reassess their diversity and inclusion initiatives to ensure fairness for all employees, maintain thorough documentation of employment decisions, and apply workplace policies uniformly. This is the best practice regardless of the Ames decision. Employers should train and retrain their employees about this decision to prevent any confusion. The reality is – the law hasn’t changed – but employees’ beliefs about how the law applies to them may change. It is important that companies make efforts to ensure the Ames decision is explained to their employees to avoid disengagement, misinformation, or frustration.

This decision reshapes how courts assess discrimination claims and reinforces the importance of merit-based employment decisions. While Ames’ lawsuit will now proceed, the long-term impact of the ruling remains to be seen.

For more information, or to hire counsel to train your employees, you can reach out to Tanzi Cannon at General Counsel by Cannon, PLLC. at t.cannon@gcbycannon.com, 413-369-9225 or go to  www.GCbyCannon.com. 

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between General Counsel by Cannon and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.

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