Compliance Stuff

On June 5, 2025, the United States Supreme Court issued a unanimous opinion authored by Justice Jackson in  Ames v. Ohio Dep’t of Youth Services , ruling that the “background circumstances” test—which applies a heighted evidentiary standard to majority group plaintiffs seeking to state a  prima facie  claim for disparate treatment under Title VII—is inconsistent with Title VII.  The Court vacated the Sixth Circuit’s decision granting summary judgment to the Ohio Department of Youth Services, and remanded it to the lower court.   Background Plaintiff Marlean Ames, a heterosexual woman, began working at the Ohio Department of Youth Services (the “Department”) as an executive secretary in 2004. In 2014, she was promoted to a program administrator role.  In April 2019, Plaintiff applied for another promotion, but was not hired. In May 2019, the Department demoted Plaintiff back to her executive secretary position. The Department then hired a 25-year-old gay man...

On June 5, 2025, the United States Supreme Court issued a unanimous opinion in  Ames v. Ohio Department of Youth Services , rejecting a longstanding rule applied by the Sixth Circuit and other circuit courts that imposed a heightened evidentiary burden on majority-group plaintiffs bringing claims for discrimination under Title VII of the Civil Rights Act. Specifically, the Court held that such plaintiffs are not required to demonstrate “background circumstances” to establish a  prima facie  case of discrimination under the  McDonnell Douglas  framework. In doing so, the Court resolved a circuit split and reaffirmed that Title VII’s protections apply uniformly to “any individual,” regardless of demographic status. Background: Sixth Circuit’s “Background Circumstances” Rule Marlean Ames, a heterosexual woman, sued the Ohio Department of Youth Services after she was denied a promotion and demoted, with her previous position filled by a gay man. She alleged that the...

  On February 26, 2025, the United States Supreme Court entertained oral argument in   Ames v. Ohio Department of Youth Services , a case that centered on whether a plaintiff who is a member of a majority group must meet a higher burden—namely, showing supporting “background circumstances”—in establishing a   prima facie   case of discrimination under Title VII. Background Plaintiff Ames, a heterosexual woman, began working at the Ohio Department of Youth Services (the “Department”) in 2004. In 2014, she was promoted to Administrator of the Prison Rape Elimination Act.  In April 2019, Plaintiff applied for another promotion, but was not selected.  Shortly thereafter, Plaintiff alleges that her supervisor suggested that Plaintiff retire.  In May 2019, Plaintiff was demoted, which resulted in a significant pay cut, and the Department hired a 25-year-old gay man for the position.  Later that year, a gay woman received the promotion Plaintiff had appl...