By: Lilian M. Loh and Daniel A. Corren, Cypress LLP

In a unanimous decision, the United States Supreme Court leveled the playing field for all plaintiffs alleging claims under Title VII of the Civil Rights Act by abolishing the “background circumstances rule.” “Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.” Ames v. Ohio Department of Youth Services (U.S., June 5, 2025, No. 23-1039) 2025 WL 1583264, at *1.

Summary: Plaintiff Marlean Ames, a straight woman, worked for the Ohio Department of Youth Services since 2004. She was passed over for promotion in favor of a lesbian woman. Later, she was demoted, and her former position was filled by a gay man.

Ames sued Ohio under Title VII, a federal employment law that prohibits discrimination based on sex and other protected characteristics such as race, religion, and ethnicity.

The lower courts dismissed her claim because Ames had not overcome the Sixth Circuit’s “background circumstances” rule, which requires members of a majority group to satisfy a higher evidentiary burden to prevail on a discrimination claim. The lower court ruled, and the appellate court affirmed, that Ames failed to show that Ohio was the “unusual employer who discriminates against the majority.”

The Supreme Court unanimously rejected this rule, looking at Title VII’s plain language and prior case law. To impose such a heightened burden on select plaintiffs would contradict congressional intent and improperly alter the established McDonnell Douglas framework that federal courts apply to determine if a plaintiff can defeat summary judgment.

The Court held that Title VII’s protections apply equally to all individuals and that federal courts should evaluate Title VII claims using the same evidentiary standards regardless of the nature of the alleged discrimination.

Why It Matters: This decision, which resolved a significant split between Federal Circuits, reinforces two concepts: 1) Title VII protects everyone from discrimination on the basis of protected characteristics, not only minority or historically marginalized groups; and 2) the purpose of Title VII is to give all employees equal access to justice without barriers than only impact majority or historically privileged groups.