SCOTUS Likely to Strike Down Heightened Proof Burden for ‘Reverse Discrimination’ Plaintiffs

Eric Tate spoke with HR Dive about the Ames v. Ohio Department of Youth Services case recently argued before the U.S. Supreme Court, where the Court is expected to strike down the background circumstances requirement for majority-group plaintiffs in discrimination claims. Eric remarked, "I think it’s important to realize that this is the minority rule amongst the circuits," pointing out that most circuits do not enforce this requirement. He suggested that the decision could prompt a surge in reverse discrimination cases, underscoring the necessity for employers to have clear job requirements and documentation. This case is seen as a pivotal moment in employment law, potentially influencing ongoing litigation and scrutiny of diversity, equity, and inclusion programs.

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