The U.S. Supreme Court recently issued a unanimous decision reinforcing that all workers—regardless of their race, sexual orientation, or membership in a majority or minority group—are entitled to the same legal standard when pursuing employment discrimination claims under Title VII of the Civil Rights Act.
The Court struck down a prior ruling from the Sixth Circuit that required majority-group plaintiffs to provide additional “background circumstances” evidence to support their claims. According to the justices, this extra evidentiary hurdle improperly imposed a heavier burden on certain plaintiffs based on their protected characteristics, such as race, gender, and sexuality.
The case involved a former employee of the Ohio Department of Youth Services who alleged she was passed over for a promotion and later demoted due to her heterosexual orientation, claiming the department showed preference for LGBTQ+ candidates of historically marginalized races who were allegedly less qualified and had not applied for the roles. The appellate court had dismissed her claims, stating she failed to establish a broader pattern of anti-heterosexual bias.
Recently, the Supreme Court disagreed, emphasizing that Title VII’s protections apply equally to all individuals, regardless of whether they are members of a majority or minority group. The Court explained that the law’s text does not support different standards based on group identity and that courts should not impose extra burdens on plaintiffs based on assumptions about privilege or disadvantage.
This ruling affirms that protections under Title VII apply equally to white employees alleging race discrimination and heterosexual employees alleging sexual orientation discrimination (“reverse discrimination”), just as they do to individuals in historically marginalized groups. It also underscores that employers cannot rely on well-meaning diversity initiatives to excuse unlawful employment decisions based on race or other protected traits.
The case will now return to the lower courts for further proceedings. While the justices did not resolve every legal issue, they made clear that all plaintiffs, regardless of race, religion, sex, national origin, or majority status, are entitled to the same legal standard when seeking justice under Title VII.
If you believe you were denied a promotion, terminated, or otherwise treated unfairly at work because of your race, sexual orientation, or another protected characteristic, contact Fitapelli & Schaffer for a free consultation. Employment discrimination is unlawful—no matter who you are.