Ames v. Ohio: A Supreme Court Case Employers Should Watch Closely — Even in New York

The U.S. Supreme Court recently heard oral arguments in Ames v. Ohio Department of Youth Services, a case that could significantly change the landscape for employment discrimination claims under Title VII of the Civil Rights Act.

At the center of the case is the question: should employees who belong to a majority group—such as heterosexual individuals—be required to meet a higher evidentiary burden than minority group employees when alleging workplace discrimination?

Historically, some federal courts, including the Sixth, Seventh, Eighth, Tenth, and D.C. Circuits, have imposed a “background circumstances” requirement. This heightened burden forced majority-group plaintiffs to show additional evidence suggesting that an employer was inclined to discriminate against majority-group members before their case could proceed. Critics have long argued that this standard undermines Title VII’s core principle of providing equal protection to all employees, regardless of background.

The plaintiff in Ames, a heterosexual woman, alleged she was passed over for promotion and later demoted in favor of less-qualified LGBTQ+ employees. The lower courts dismissed her claim, applying the background circumstances standard and concluding she had not provided sufficient additional proof to support her allegations.

However, the Supreme Court justices, during oral arguments, appeared skeptical of maintaining this heightened requirement. The questioning suggested strong concern that Title VII does not allow for different standards based on whether an individual belongs to a majority or minority group. A decision striking down the background circumstances rule is expected by summer 2025.

Why This Matters for Employers — Especially Those Operating Beyond New York

For New York employers, it is important to note that the Second Circuit, where New York federal courts sit, has never adopted the heightened background circumstances test. Under current law here, all plaintiffs, regardless of background, are subject to the same evidentiary standards when bringing discrimination claims.

However, businesses with employees or operations in other states, particularly those within the Sixth, Seventh, Eighth, Tenth, or D.C. Circuits, should be aware that a Supreme Court ruling against the background circumstances test would immediately impact how discrimination claims are litigated in those jurisdictions.

If the Court removes the heightened standard, it could lead to an increase in reverse discrimination claims, particularly as Diversity, Equity, and Inclusion (DEI) programs continue to evolve across industries. Employers could see a rise in lawsuits by majority-group employees alleging that promotions, demotions, or terminations were influenced by protected characteristics rather than merit.

Takeaways for Business Owners and Employers

• Monitor Supreme Court developments. A decision eliminating the background circumstances rule will likely lead to broader exposure for reverse discrimination claims outside New York.
• Review employment policies and DEI initiatives. Ensure that decisions are well-documented, merit-based, and defensible against any claims of discrimination, whether by majority- or minority-group members.
• Maintain consistent standards. Apply the same evidentiary requirements for internal investigations, employee disputes, and workplace decisions, regardless of employee background.
• Work with experienced counsel. Businesses that operate across multiple states must navigate differing legal standards carefully and should seek advice from litigation counsel well-versed in federal and multi-jurisdictional employment law.

The evolving Title VII landscape requires a proactive and balanced approach to managing personnel decisions. If your business has operations in multiple jurisdictions or if you have questions about how this decision could impact your policies, our attorneys can help.

At The Glennon Law Firm, we assist businesses and executives in navigating these complex issues with strategic advice and strong litigation defense when necessary. Contact us today to schedule a consultation with one of our litigation professionals. Together, we will tackle the complexities of your unique situation with care, precision, and unparalleled expertise. You may learn more about us and how we operate by visiting these pages: About Us and What Sets Us Apart.

This post is for informational purposes only and does not constitute legal advice.