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April 2025

SmartTalent

Employer Resource Center

Supreme Court Examines Additional Hurdle to Plaintiffs in Reverse Discrimination Cases

The U.S. Supreme Court heard oral argument on February 26, 2025, in a case that will decide whether “majority group” plaintiffs must offer additional evidence of “background circumstances” to overcome step one (membership in a protected class) of the familiar McDonnell Douglas framework at summary judgment. The case, Ames v. Ohio Department of Youth Services, involves a “reverse discrimination” Title VII claim brought by an individual who is part of what is traditionally considered a majority group (e.g., white, male, heterosexual). At oral argument, the Justices seemed likely to strike down the additional burden, with Justice Gorsuch commenting that the parties appeared to be in “radical agreement” that the same standard should apply to all plaintiffs.

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