Supreme Court Settles Circuit Split on Standard of Proof for "Reverse Discrimination" Lawsuits

On June 5, the US Supreme Court issued a unanimous opinion settling a split among the federal appellate courts about the burdens of proof in lawsuits alleging “reverse discrimination,” in which a member of a majority group sues for employment discrimination. The Court held that claims brought by members of a majority class are held to a standard identical to that of claims brought by members of a minority class. See Ames v. Ohio Dept. of Youth Services.

The plaintiff in the case, Marlean Ames, is a heterosexual woman who alleged that her employer failed to promote her and ultimately demoted her because of her sexual orientation. She alleged that the roles were filled by a lesbian woman and a gay man. The lower courts dismissed Ames’s lawsuit, holding that she did not provide any evidence