On June 5, 2025, the Supreme Court said that employees (who are not in a minority group) are not subject to a higher level of proof to show unlawful discrimination.
In this case, Ames v. Ohio Department of Youth Services, a straight woman claimed that she was denied a promotion and later demoted in favor of less-qualified colleagues due to discrimination in violation of Title VII of the Civil Rights Act of 1964 over her sex and sexual orientation. The Supreme Court unanimously held there should be no heightened standard of proof for majority-group plaintiffs versus minority-group plaintiffs.
Based upon this Supreme Court ruling, and guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice, employers should be alerted that employment decisions cannot be based on an individual’s protected characteristics, regardless of who that employee is. Employers should consider how they approach employment decisions, including hiring, promotions, terminations, and other workplace actions.
Key Takeaways for Employers
-Bottom line – employers cannot favor minority group employees over majority group employees in employment decisions. If a majority group employee sues, he or she is not subject to a higher burden of proof.
-Assess inclusion and diversity initiatives. Confirm they do not favor minority groups or exclude majority groups. These types of unlawful biases or exclusions are more likely to face challenges from majority group employees after this case.
-Review management training on discrimination and harassment to ensure fairness and objectivity. Policies should clearly state that it is equally unlawful to discriminate against majority-group and minority-group members alike.
-In trainings, avoid portraying all perpetrators as majority group members and all victims as minority group members.
-Reassess legal risk. Do not overlook claims from majority group employees stemming from adverse employment actions.
-Apply all workplace policies uniformly to all employees, including hiring, promotions, performance evaluations, and disciplinary actions.
-Use neutral and objective criteria for making employment decisions to avoid biases.
Bruce Loren and Sarah Bachich of the Loren & Kean Law Firm are based in Palm Beach Gardens and Fort Lauderdale. Loren & Kean Law is a boutique law firm concentrating in construction law, employment law, and complex commercial litigation. Mrs. Bachich focuses her practice in employment law. Mr. Loren has achieved the title of “Certified in Construction Law” by the Florida Bar, exemplifying the Bar’s recognition of this expertise. Mr. Loren and Mrs. Bachich can be reached at bloren@lorenkeanlaw.com or sbachich@lorenkeanlaw.com or 561-615-5701.
