SCOTUS: Title VII Does Not Require 'Background Circumstances' In Reverse Discrimination Cases

The U.S. Supreme Court recently realigned the burden of proof for all employees under Title VII in Ames v. Ohio Department of Youth Services. Previously, several appellate courts required majority group members (e.g., white, heterosexual, cisgender individuals) to establish "background circumstances" to support their claims.

In short, it was significantly more challenging for majority group employees to establish discrimination claims when filing charges and lawsuits against employers.

By way of example, and as discussed earlier, majority group employees often had to show that a member of the relevant minority group made the employment decision — or they had to show a "pattern of discrimination by the employer against members" of the group.