Ames v. Ohio Department of Youth Services
In a unanimous decision, the Supreme Court of the United States held in the Ames v. Ohio Dept. of Youth Services case that a majority group plaintiff is not required to meet the heightened evidentiary standard of establishing “background circumstances” under Title VII. This means that all plaintiffs, majority group and minority group, must meet the same standard to prove a case under Title VII.
In the Ames case, plaintiff alleged she was denied a promotion and demoted due to her sexual orientation – heterosexual. The Ohio District Court granted summary judgment to the Ohio Department of Youth Services and the Sixth Circuit affirmed on the premises that Ames, as a member of a majority group, “had not presented evidence of ‘background circumstances’ suggesting that the agency was the rare employer who discriminates against members of a majority group.” Due to a circuit split, the Supreme Court granted certiorari.
In reaching their decision the Supreme Court highlighted both the text of Title VII and their case precedent. The Court stated, “[t]he Sixth Circuit’s ‘background circumstances’ rule requires plaintiffs who are members of a majority group to bear an additional burden … [b]ut the text of Title VII’s disparate-treatment provision draws no distinctions between majority-group plaintiffs and minority-group plaintiffs. The provision focuses on individuals rather than groups, barring discrimination against ‘any individual’ because of protected characteristics. Congress left no room for courts to impose special requirements on majority-group plaintiffs alone” (emphasis added).
The Court further highlighted their precedents that reinforce their understanding of the statute. Specifically, they stated, “[o]ur case law thus makes clear that the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a member of a majority group.”
Given this decision, coupled with the current administration’s stance on DEI and rooting out “illegal” DEI programs and discrimination, we do anticipate that discrimination claims in general will increase. As such, it is important for employers to continuously review their policies and procedures to ensure they comply with current legal requirements and do not discriminate against any group of individuals. It is also important to routinely communicate and train managers regarding the current legal requirements and best practices to mitigate exposure to claims and create an inclusive environment.
WTW hopes you found the general information provided here informative and helpful. The information contained herein is not intended to constitute legal or other professional advice and should not be relied upon in lieu of consultation with your own legal advisors. In the event you would like more information regarding your insurance coverage, please do not hesitate to reach out to us. In North America, WTW offers insurance products through licensed entities, including Willis Towers Watson Northeast, Inc. (in the United States) and Willis Canada Inc. (in Canada).
