US SC ruling opens door to reverse discrimination lawsuits over DEI

Business Standard

13 hours ago

The US Supreme Court on Thursday unanimously ruled that majority-group employees—such as white or straight workers—must not face a higher burden of proof when suing for workplace discrimination. The verdict significantly alters how reverse discrimination claims will be handled across American workplaces, according to The New York Times.
The case was brought by Marlean Ames, a straight woman who sued the Ohio Department of Youth Services after being passed over for promotions and later demoted. These positions, she said, went to gay colleagues with less experience or fewer qualifications.
Lower courts had dismissed her lawsuit, citing a precedent that required majority-group plaintiffs to demonstrate 'background circumstances' showing that their employer was capable of discriminating against members of a traditionally dominant group.
The Supreme Court rejected that standard.
Title VII protects all equally
Writing for the court, Justice Ketanji Brown Jackson stated that Title VII of the Civil Rights Act 'draws no distinctions between majority-group plaintiffs and minority-group plaintiffs.' The law protects every 'individual' equally, she wrote, regardless of identity.
The ruling eliminates the need for additional evidence in such cases and sets a uniform standard across US courts. Until now, nearly half of federal appeals courts imposed stricter requirements on majority-group plaintiffs.
Justice Clarence Thomas, joined by Justice Neil Gorsuch, issued a concurring opinion questioning the logic of defining 'majority groups' in a diverse society. He called the idea that only 'unusual employers' discriminate against dominant groups 'nonsensical.'
Thomas specifically pointed to widespread corporate and institutional use of diversity, equity, and inclusion (DEI) initiatives, which, he argued, may introduce bias against majority-group employees.
Legal tide against DEI
The decision comes amid growing political and legal scrutiny of DEI programmes in the US. It follows the Court's 2023 ruling that struck down race-based college admissions.
Since returning to office, former President Donald Trump has taken aggressive steps to dismantle DEI efforts across federal agencies, schools, and corporations. Executive orders from his administration have revoked DEI requirements for contractors, ended related federal training programmes, and targeted officials involved in such initiatives.
Universities and companies have responded by cancelling DEI events and cutting funding in anticipation of legal and political challenges.
The Supreme Court's latest ruling could embolden more majority-group workers to file discrimination claims, creating new challenges for DEI compliance and implementation.