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CASE NAME
Ames v. State of Ohio Department of Youth Services
Overview
Plaintiff (Ames), a former employee of the Ohio Department of Youth Services, sued Defendant arguing that she was discriminated against based on her sexual orientation (heterosexual) when Defendant denied her a promotion to Bureau Chief and demoted her from the position of PREA Administrator.
Details
The Sixth Circuit Court of Appeals rejected Ames's claim. The court found that Ames lacked evidence of “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”
Ames appealed to the Supreme Court, requesting that the Court answer the question whether a majority-group plaintiff must show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”
On February 26 2025, the Supreme Court heard oral argument in the case. It seems likely the Court will remove the "background circumstances" test and require plaintiffs from marginalized groups and dominant groups to meet the same standard of proof.
Significance
This case is important to watch closely. Some circuits require plaintiffs in "reverse discrimination" cases to provide evidence that their employer is the unusual employer who discriminates against the majority. If, as is likely, the Supreme Court decides that such evidence is not required and that all plaintiffs (whether traditional or reverse) only need to meet the same standard of proof, it will make it easier for reverse discrimination plaintiffs to succeed in their lawsuits in some circuits.
Nonetheless, given that many circuits already have the same standard in both kids of lawsuits, the implications of this decision are limited.