(Last Updated On: September 15, 2025)
Are “reverse discrimination” claims something that employees can actually file? The idea of a reverse discrimination claim is often controversial to discuss, given that it often comes with assumptions about a lack of attention to diversity in the workplace or concerns about having a diverse and well-rounded group of employees. However, as both employers and employees should know, the United States Supreme Court recently heard and decided a case on a reverse discrimination claim filed under Title VII of the Civil Rights Act of 1964. As The New York Times reported when the Court released its decision, the Supreme Court “unanimously ruled in favor of a straight woman who twice lost positions to gay workers, saying an appeals court had been wrong to require her to meet a heightened burden in seeking to prove workplace discrimination because she was a member of a majority group.”
That case is Ames v. Ohio Department of Youth Services (2025), and our Boston and Natick employment discrimination lawyers can provide you with more details about the case and how the Court’s ruling is likely to impact future reverse discrimination claims that arise in Massachusetts.
Does Reverse Discrimination Exist?
The idea of reverse discrimination has been controversial, in part because of how legal language concerning discrimination arose and has been applied in previous case law, and in part because the term reverse discrimination has been wielded in attempts to eradicate diversity initiatives or affirmative action in hiring and employment.
As a recent journal article in Philosophical Psychology explains, regardless of whether you consider the term “reverse discrimination” to be controversial, there are two separate understandings of the term discrimination that give rise to disagreements over whether reverse discrimination is such a thing. Some believe that discrimination is “multi-directional,” meaning that members of majority groups can discriminate against members of minority groups and vice versa. Others believe that discrimination is unidirectional, meaning that discrimination only occurs when a member of a majority group discriminates against a member of a minority group.
Regardless of your position, the law allows for reverse discrimination claims.
Understanding the Ames Decision
In the recent Ames Supreme Court decision, the Court clarified the standard for reverse discrimination claims under Title VII and made it easier for job applicants or employees to win reverse discrimination claims.
In Ames, the Court heard a case from a heterosexual woman who argued that she had been denied a promotion so that a lesbian woman could be hired for the promotion instead and later demoted so that a gay man could be hired in her place. She alleged that she was denied the promotion and demoted because of her sexual orientation — that she was heterosexual, and that the employer treated her adversely because of her membership in a majority group.
The employer argued that the majority-group plaintiffs in discrimination claims have an additional, heightened evidentiary burden. In deciding the case, the Court emphasized that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a member of a majority group.”
Reverse Discrimination Claims Under Title VII
In the wake of the Ames decision, any reverse discrimination claims brought under Title VII are only required to meet the same evidentiary burden as discrimination claims filed by a member of a minority group. A plaintiff must first make a prima facie case showing that the employer “acted with a discriminatory motive.” This is the standard for plaintiffs who are filing discrimination claims under Title VII as members of a minority or majority group.
Claims Arising Under Laws Other Than Title VII
The recent Ames decision clarifies the standard for employment discrimination claims arising under Title VII. It does not, however, expressly clarify a standard for a range of other potential reverse discrimination claims under different laws prohibiting discrimination in employment. The case suggests how other such claims might be decided, but it is important to discuss specific facts with an employment discrimination lawyer in Massachusetts who can assist you. The specific elements you will need to prove will depend on the law under which you are filing a claim.
Contact Our Boston area Employment Discrimination Attorneys Today for Assistance
If you believe you have faced any kind of discrimination in the hiring process or during your employment, whether discrimination on the basis of your membership in a protected class or reverse discrimination, you could be eligible to file a claim. It is essential to discuss the details of your case with an experienced Boston area employment discrimination lawyer who can help you understand the applicability of state or federal law to your case and your options for moving forward with a claim. Contact Rodman Employment Law for more information about how we can assist you.
