On June 5, 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services, rejecting the Sixth Circuit’s use of a heightened Title VII standard for majority-group identities. The decision affirmed the uniform application of the disparate-treatment standard.

Background
The Ohio Department of Youth Services demoted a heterosexual employee, Ames, and placed a gay candidate in her position. She was also passed up for a promotion, which was instead given to a gay candidate. Ames alleged that her employer’s actions constituted discrimination on the basis of her sexual orientation. The lower courts held that Ames failed to make a claim under Title VII, as she was required to provide evidence of background circumstances suggesting that her employer discriminated against members of the majority. The Supreme Court found this additional requirement to conflict with the language of Title VII, which prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin.

Implications for Employers
Moving forward, all employees must meet the same evidentiary standard for the purpose of Title VII claims. This decision paves the way for majority-group discrimination cases to be brought with greater ease. In order to successfully bring a Title VII claim, a plaintiff must produce evidence to support an inference of the employer’s discriminatory motive. The employer will then have an opportunity to provide a legitimate reason for the action, and the employee will be given a “fair opportunity” to offer counterevidence that the justification was pretext for discrimination. Whether the employee is a member of a minority or majority group will not be considered in this analysis.

We will continue to monitor the situation and provide updates on any developments. Should you have any questions or need further assistance, please feel free to contact any member of our Employment Law Advising & Employer Defense Litigation group.