A new decision by the US Supreme Court has changed the landscape of anti-discrimination litigation across a large portion of the United States. In-house lawyers should consider the potential impact of this ruling on their organizations.
In Ames v. Ohio Department of Youth Services, the Court ruled on June 5, 2025, that workers from majority groups (such as straight, white, or male employees) do not need to meet extra pleading requirements when claiming discrimination in violation of Title VII of the Civil Rights Act of 1964.
What Changed
Previously, some federal courts required employees from majority groups to provide additional evidence when filing discrimination claims. Beyond offering evidence that they suffered discriminatory treatment, non-minority employees had to provide evidence of “background circumstances” showing that the employer discriminates against majority groups.
The Supreme Court eliminated this extra burden, saying that the “disparate treatment” provision of Title VII does not distinguish between majority and minority groups. As a result, discrimination claims by employees from majority and minority groups will have to satisfy the same standard.
Key Takeaways for In-house Legal Teams
Businesses may anticipate a potential increase in discrimination claims. Below are six tips for in-house counsel who help their organization navigate this new development:
- Partner with HR and Management. Work closely with HR and managers to continue ensuring that all employees and job candidates are treated equally, regardless of whether they are members of protected groups. Make it clear that every person should receive fair treatment and consideration regardless of their race, gender, religion, or sexual orientation.
- Review Company Policies. Check your hiring, promotion, discipline, and termination policies. Make sure they are neutral and do not favor certain employees over others based on protected characteristics, and that they focus on job qualifications, performance, and business needs.
- Update Anti-discrimination Training Programs as Needed. Revise training materials for managers, HR staff, and leadership, if necessary. Remove references (if any) to different standards for discrimination claims. Emphasize that the organization treats all discrimination complaints seriously, regardless of who files them. Ensure that training materials don’t stereotype a type of employee as the perpetrator (or victim) of discriminatory conduct.
- Document Appropriately. Make sure that HR and managers document the reasons behind employment decisions with clear evidence. This was important before, but now it is even more critical given the possibility that more employees may file discrimination claims. Good documentation of sound policies and appropriate decision-making processes helps to protect organizations if disputes arise.
- Work with Your EEO Officer. Ensure your organization’s Equal Employment Opportunity officer applies the appropriate standards when investigating and deciding all discrimination complaints. Complaints from majority group employees should receive the same careful review as those from minority group employees.
- Review Inclusivity Programs. Examine your organization’s inclusiveness programs. While these programs are valuable, make sure they include all employees and do not create favoritism toward any group, even unintentionally.
The Bottom Line
The best protection is treating everyone fairly and consistently while maintaining adequate documentation of employment decisions.
Learn more about the implications of the Ames decision: Check out this recorded webinar by Samia M. Kirmani, Principal, and Carolyn G. Burnette, Office Managing Principal, Jackson Lewis P.C., for the ACC Employment and Labor Law Network (ACC members only).
Also check out a Sample Equal Employment Opportunity (EEO) Policy, by Ogletree Deakins.