Supreme Court And Title VII: Implications For Reverse Discrimination

Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called "background circumstances" test required by half of federal circuit courts.¹ The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard by demonstrating an employer is the rare entity that would discriminate against a majority group. The Court's decision, by holding the same minimal pleading standard applies for majority and minority group plaintiffs alike, not only resolves a circuit split, but has major implications for employers' use of Diversity, Equity and Inclusion (DEI) initiatives.