Earlier this month, the United States Supreme Court confirmed that Title VII of the Civil Rights Act of 1964 guarantees equal protection to all employees, even if they belong to majority or minority groups.
In Ames v. Ohio Department of Youth Services, the unanimous Court overturned a previous precedent unfavorable to plaintiffs from majority groups. As a result, all individuals— including those who are white or heterosexual— can now pursue legal action for unlawful discrimination under the same standard that has long applied to members of minority groups.
The Case
Marlean Ames, a heterosexual woman, alleged that her employer denied her a promotion that went to a lesbian woman. She further alleged that after her employer demoted her from her program administrator position, the position went to a gay man.
The lower court dismissed her claim by following a Sixth Circuit rule requiring majority-group plaintiffs to demonstrate “background circumstances,” suggesting the employer was atypical in discriminating against majority groups.
The Supreme Court rejected that approach. Writing for the Court, Justice Ketanji Brown Jackson emphasized that Title VII’s protections apply equally to “any individual,” regardless of group identity.
What This Means for Employers
This decision effectively closed a legal loophole that previously hindered traditional majority group employees from pursuing legal action based on their group identity. It is a powerful reminder for employers to prioritize consistency, neutrality, and fairness in their employment practices for everyone.
Action Steps for HR and C-Suite Leaders
- Apply Equal Standards in Investigations
Review internal procedures to ensure all discrimination complaints—regardless of the complainant’s identity—are evaluated using the same legal and procedural criteria.
- Audit Your Policies
Remove any internal guidance or language suggesting different standards for separate groups.
- Review DEI Initiatives
Ensure diversity, equity, and inclusion programs comply with legal standards and do not inadvertently disadvantage any group, whether a majority group or minority group.
- Strengthening Documentation Practices
Maintain detailed records of employment decisions and be prepared to provide legitimate, non-discriminatory reasons for promotions, terminations, or disciplinary actions.
- Educate Managers and Leadership
Incorporate the Ames ruling into legal and compliance training by emphasizing that equal protection under Title VII is not just a legal requirement, it is also a foundation of effective leadership and workplace culture.
Final Thoughts
The Ames decision reinforces an important legal principle: anti-discrimination laws protect everyone. Employers should not rely on assumptions or apply unequal standards of evidence when addressing internal complaints or making important employment decisions.
As workplace dynamics change and claims of discrimination from members of majority groups become more prevalent, HR professionals and corporate leaders should prioritize clarity, consistency, and fairness in their employment practices.
For more information on employment law, you can reach Mike at mjneary@lerchearly.com.
