U.S. Supreme Court To Review Reverse Discrimination Standard

Should an employee's burden to plead and prove workplace discrimination differ depending upon whether they are considered in a "majority" or "minority" group? The U.S. Supreme Court is now set to decide whether an arguably "heightened" standard of proof should apply in such "reverse discrimination" cases. If the Supreme Court strikes down what has come to be known as the "background circumstances" test, employers in jurisdictions where that analysis is currently applied might expect an increase in claims from members of such majority groups, or an increase in the success of claims brought by such "majority" plaintiffs.

The "Background Circumstances" Test for Reverse Discrimination Cases