SCOTUS Rejects Harder Burden To Prove Reverse Discrimination

In an opinion delivered on June 3, 2025, a unanimous U.S. Supreme Court resolved a circuit split among federal courts regarding the validity of the "background circumstances rule" – a rule which requires majority-group plaintiffs to meet a different burden of proof in Title VII discrimination claims than plaintiffs who belong to minority groups.The Court held that the "background circumstances rule" is inconsistent with the language of Title VII and therefore should not be used in assessing claims of reverse discrimination in employment.

The Background Circumstances Rule for Reverse Discrimination Claims

Title VII prohibits employers from intentionally discriminating against their employees based on race, color, religion, sex, or national origin. In a previous case, the court laid out a three-step framework that courts should use when assessing employment discrimination claims. The first step requires the plaintiff (the employee) to provide enough evidence to