U.S. Supreme Court Ends Heightened Evidentiary Hurdle For "Majority Group" Plaintiffs In Title VII Discrimination Cases

In Short

The Development: On June 5, 2025, the Supreme Court decided Ames v. Ohio Department of Youth Services and held that a "majority group" plaintiff in a Title VII case need not satisfy a heightened evidentiary burden to establish a prima-facie case of disparate treatment.

The Result: Following Ames, majority-group plaintiffs in Title VII disparate-treatment cases will face the same evidentiary hurdles as other Title VII plaintiffs.

Looking Ahead: In the five circuits that had imposed a heightened burden for majority-group plaintiffs, there may be an increase in Title VII claims that survive the summary-judgment phase of litigation.

Background

In 2004, the Ohio Department of Youth Services hired Marlean Ames, a straight woman, to serve as an executive secretary. Ames was later promoted to the position of program administrator. In 2019, Ames applied for a management position at the agency. The agency interviewed Ames for the role but ultimately hired