June 2025: There's no such thing as reverse discrimination.

There's Just Discrimination.

On June 5, 2025, the United States Supreme Court issued a unanimous decision holding that discrimination laws protect everyone regardless of whether the person is in a majority group or not.

In Ames v. Ohio Department of Youth Services, the Court held that so-called “reverse discrimination” claims are not subject to heightened or special proof standards under Title VII. The plaintiff, Marlean Ames, a heterosexual woman, alleged that she was denied a promotion and then demoted based on her sex and sexual orientation. Despite a positive performance review, Ames was passed over for promotion in favor of a homosexual woman and then demoted in favor of a gay man who took her former role.

Before Ames, some federal circuits imposed an additional “background circumstances” requirement on plaintiffs from majority groups, forcing them to show that something unusual justified a claim of discrimination. The Supreme Court has now clarified that no such additional burden applies. Discrimination is discrimination.

Fair Treatment Starts with Fair Investigations

When most people think about workplace discrimination, they think of claims brought by individuals in historically marginalized groups. That focus makes sense – anti-discrimination laws were created, in part, to address long-standing systemic inequities. But the law doesn’t choose sides. Title VII protects employees from unfair treatment because of race, gender, sexual orientation, religion, and other protected characteristics regardless of the employee’s background.

That means employers should take every claim seriously.

Let me give you an example from early in my career when I was a baby lawyer at a law firm. I was once assigned to a case involving a white, male employee – let’s call him Brian – who alleged that he was subjected to a hostile work environment based on his race and gender. His coworkers would bring tamales to group lunches and mock his “white boy” food, later escalating the teasing to his clothing and mannerisms.

When I first heard about the matter, I’ll admit that I was skeptical. I rolled my eyes. But the employer did the right thing, and they launched a fair investigation. And it turned out there was more beneath the surface. The conduct had gone further than just jokes about lunch. Because the employer took Brian’s complaint seriously, they addressed the issue early, avoided legal exposure, and reinforced their commitment to a respectful workplace.

A Few Takeaways

• Don’t dismiss a complaint because the employee is from a majority group.

• Investigate all complaints with the same care, neutrality, and professionalism.

• Train your managers to recognize that discrimination can flow in any direction.

• Document your process and follow your established protocols every time.

Fair investigations don’t just reduce legal risk; they reflect your values. They show your employees that you care about treating everyone with respect, no matter who they are.

If you need help navigating a sensitive complaint or conducting a workplace investigation with objectivity and care, I’m here to help. Let's talk.