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ARTICLE · 20 JUNE 2025

Reverse Discrimination Lawsuits Are So Back

Ballard Spahr LLP
Ballard Spahr LLP
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Ballard Spahr LLP

Ballard Spahr LLP

Ballard Spahr LLP, an AmLaw 100 law firm with 19 US offices, serves clients in more than 50...

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.)...

United StatesEmployment and HR

On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse discrimination). Ames v. Ohio Department of Youth Services, 605 U.S. ___ (2025).This ruling is expected to make it easier for reverse discrimination claimants to bring their claims in federal court.

The Lawsuit. The plaintiff, a heterosexual woman, worked for the Ohio Department of Youth Services. In 2019, the plaintiff applied for a promotion and the agency interviewed her but ultimately hired a lesbian woman for the role. Shortly thereafter, the plaintiff was demoted and her vacant position filled by a gay man. She filed suit, claiming that the agency discriminated against her as a heterosexual. The district court granted summary judgment based on Sixth Circuit precedent requiring majority plaintiffs to show "background

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