On June 5, 2025, the United States Supreme Court issued a decision that continues to reinforce the importance of providing honest and accurate feedback to employees regarding employment decisions. Marlean Ames, a straight woman, was employed by the Ohio Department of Youth Services. She interviewed for a new management position but was passed over in favor of a lesbian woman. Ames was later demoted, and a gay man was hired to replace her. Ames sued under Title VII, alleging reverse discrimination based on sexual orientation. As a straight woman, Ames was considered part of a “majority group.” The lower court, the Sixth Circuit, required majority-group plaintiffs like Ames to show an additional element in their prima facie case: “background circumstances.” Essentially, in reverse discrimination cases, the complainant also had to show background circumstances suggesting that the employer is the unusual employer who discriminates against the majority.
The Supreme Court unanimously rejected the background circumstances requirement, reasoning that the text of Title VII protects all individuals equally and does not distinguish between a “majority group” and a “minority group.” As a result, courts that previously required “background circumstances”—including the Seventh Circuit—can no longer impose this additional burden on plaintiffs.
This case does not change our best practices guidance for making employment decisions. Employers should carefully document clear, job-related reasons for employment decisions. Vague justifications like “bad fit” or “at-will status” can create potential Title VII discrimination liability.
Sean Wolfe, summer associate, contributed to this blog post.
