Employment Law Watch: Supreme Court Will Hear “Reverse Bias” Law in 2025

The Supreme Court of the United States is scheduled to hear oral argument in the case of Ames v. Ohio Department of Youth Services in 2025. It is an employment law case that could have very important implications for discrimination cases going forward. Specifically, the Supreme Court is tasked with clarifying the standard for “reverse bias” claims. In this article, you will find an overview of the upcoming Supreme Court case, the stakes, and the potential implications for employment law in Florida.

 Case Preview: Ames v. Ohio Department of Youth Services 

The Facts 

Marlean Ames is a heterosexual woman who was employed by the Ohio Department of Youth Services starting back in 2004. In 2017, Ms. Ames was assigned a new supervisor, a woman named Ginine Trim. Ms. Trim is gay. In 2019, Ms. Ames applied for a promotion to the position of Bureau Chief of Quality but was passed over in favor of a gay woman. After that time, Ms. Ames was reportedly demoted from her role as Administrator of the Prison Rape Elimination Act. She was replaced by a gay man. Ms. Ames filed a lawsuit alleging that these employment decisions constituted discrimination based on her sexual orientation. She alleges that her employer violated  Title VII of the Civil Rights Act of 1964.

 The Legal Issues 

Here is the central legal issue in the case: Does an employee (plaintiff) from majority groups—such as a heterosexual person—need to meet a heightened standard in order to prove that they were the victim of workplace discrimination Title VII of the Civil Rights Act of 1964?

More technically, the case examines the validity of the “background circumstances” test. It requires majority-group plaintiffs to provide additional evidence suggesting that the employer is one of the unusual entities that discriminates against the majority. That standard has been adopted by several federal circuit courts, including the Sixth Circuit, which upheld the dismissal of the employment discrimination claims brought by Ms. Ames on the grounds that it failed to meet that criteria.

Why it Matters for Employment Law 

Ames v. Ohio Department of Youth Services will be heard by the Supreme Court of the United States in 2025 and it could have major implications for employment law. If the Court eliminates the “background circumstances” requirement, it would align the evidentiary standards for all discrimination claims—regardless of the plaintiff’s group status. In other words, the Supreme Court could make it easier for people from majority groups—such as heterosexual people, caucasian people, and, in certain circumstances, men—to prove that they were subject to discrimination. A ruling in favor of Ms. Ames may prompt employers to reassess their employment practices

Get Help From Our Florida Employment Law Attorney Today 

Employment law is complicated. If you have a lot of questions about a specific matter, you are certainly not alone. Whether you are an employer or an employee, an experienced Florida employment lawyer can help you find the best solution.