Supreme Court's unanimous ruling redefines reverse discrimination claims

In a rare moment of unity, all nine U.S. Supreme Court justices recently reshaped the legal landscape for workplace discrimination claims. Here's why employers should take note and act now.

The case: A longtime employee says she was overlooked for a promotion because she’s heterosexual

Marlean Ames had worked at the Ohio Department of Youth Services since 2004. In 2019, she was passed over for a promotion in favor of a lesbian colleague. Later, she was demoted and replaced by a gay man.

Ames filed a lawsuit, claiming she was a victim of reverse discrimination, treated unfairly because she’s straight.

Until now, courts were split on how these claims should be handled. Many imposed higher burdens of proof on people in majority groups, requiring even more evidence that discrimination took place.

The decision: One standard for all

In its unanimous 9-0 ruling, the Court decided that the law doesn’t distinguish between majority and minority plaintiffs when it comes to proving workplace discrimination. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on protected characteristics such as race, color, sex and national origin, and should be applied equally in cases involving minority or majority plaintiffs.

That means employers can no longer rely on the assumption that claims from majority group members are harder to prove or less likely to succeed.

Why this matters for your workplace

• Hiring and promotion decisions must be merit-based and documented

• Reverse discrimination claims are now on equal legal footing and may increase

• DEI efforts must be balanced with legal compliance and risk awareness

This decision marks a dramatic shift in how courts will view employment decisions that appear to favor minority candidates at the expense of others.

What to consider next

This ruling raises the stakes for how hiring, promotions and workplace decisions are made. Employers must ensure internal processes are fair, objective and compliant, not only in intent but in outcome.

When you need help navigating this ever-evolving legal landscape, KSLN is here for you.

From proactive training and policy development to litigation support, our federal employment group, led by Jennifer Collesano, Esq. and Shannon O’Connor, Esq., along with our expert employment team, can help you mitigate risk and stay ahead.

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