Supreme Court Levels Playing Field for Reverse Discrimination Claims

On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Services that will have major implications for employers. The Court ruled that claims of “reverse discrimination” — bias against majority-group members — must meet the same evidentiary standard as other discrimination claims. Previously, some courts required additional proof for such cases, making them harder to pursue. Now, the barrier is gone, and the volume of reverse discrimination claims is expected to rise.

What Employees Should Know

Title VII protects all employees and applicants from discrimination based on race, color, national origin, religion, or sex — regardless of whether they belong to a majority or minority group.

Reverse discrimination can take the form of disparate treatment (intentional bias) or disparate impact (policies that unintentionally disadvantage a majority group).

Complaints are investigated by the EEOC, and successful claims can result in reinstatement, back pay, damages, and attorney fees.

Implications for Employers

The ruling doesn’t add new obligations, but it removes inconsistent standards across jurisdictions. As a result, policies, hiring practices, and diversity initiatives that unintentionally favor one group over another may now face greater legal scrutiny.

Practical Steps to Reduce Risk

• Review DEI and Outreach Programs: Ensure diversity initiatives are inclusive of all qualified individuals. Avoid quotas or group-specific opportunities that could be seen as exclusionary.
• Audit Policies: Apply anti-discrimination, anti-harassment, and EEO policies equally to majority and minority groups. Include examples of reverse discrimination in policy language.
• Use Objective Selection Criteria: Base decisions on measurable, job-related skills. Avoid criteria or recruiting strategies that disproportionately impact one group without a legitimate business reason.
• Document All Employment Decisions: Keep clear records showing legitimate, nondiscriminatory reasons for hiring, promotions, and other actions.
• Train Managers and Staff: Provide training on recognizing and preventing discrimination of any kind, ensuring examples include reverse discrimination scenarios.
• Maintain Fair Complaint Procedures: Investigate reverse discrimination claims with the same seriousness as other discrimination complaints, and enforce anti-retaliation protections.

Bottom Line

The Ames decision makes it easier for majority-group employees to bring discrimination claims. By proactively auditing policies, ensuring fair selection processes, and training staff, employers can reduce risk while promoting a truly inclusive workplace.