No More Heightened Burden for Majority Plaintiffs in Title VII Cases
Recently, the Supreme Court issued an opinion that lowered the bar for employees seeking to sue their employer. In Ames v. Ohio Department of Youth Services, a heterosexual white woman claimed that she suffered discrimination when her employer promoted lesbian and gay candidates instead of her. The Court held that a majority group plaintiff cannot be subjected to a higher evidentiary standard based on the text of Title VII of the Civil Rights Act.
Prior to this Supreme Court decision, many courts across the United States required majority group plaintiffs to meet a heightened standard of “background circumstances” in order to proceed with a discrimination case. The “background circumstances” standard required that majority group plaintiffs produce certain types of evidence such as a member of the minority group making the employment decision at issue or statistical evidence showing a pattern of discrimination. Now, courts can no longer use this heightened standard in deciding whether a majority group plaintiff can proceed with their discrimination case.
The traditional evidentiary standard in Title VII cases now applies to both minority and majority group plaintiffs. All plaintiffs must simply produce enough evidence to support an inference of discriminatory motive. The Supreme Court supported its decision by looking to the actual text of Title VII, which draws no distinctions between majority and minority group plaintiffs. Rather, the provision makes it unlawful “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Based on this lowered standard for majority group plaintiffs, employers may see a rise in discrimination lawsuits filed by members of majority groups. It is recommended that employers review their anti-discrimination policies and ensure they reflect a commitment to equal opportunity for all. Employers should also assess company programs that seek to increase diversity or target specific groups of people, as these types of programs may be subject to additional scrutiny.
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