“Background circumstances” to the garbage heap

Watch video [HERE].

Funny [not funny!] that many courts were imposing an extra pleading burden on certain Title VII plaintiffs, such as males, whites, heterosexuals. They had to show “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”

That’s exactly the kind of discrimination Title VII was designed to eradicate.

Unanimous US Supreme Court to the rescue in Ames v. Ohio Dept of Youth Services (06/05/2025) [PDF]

They said: “The Sixth Circuit has implemented a rule that requires certain Title VII plaintiffs—those who are members of majority groups—to satisfy a heightened evidentiary standard in order to carry their burden under the first step of the McDonnell Douglas framework.  We conclude that Title VII does not impose such a heightened standard on majority group plaintiffs. Therefore, the judgment below is vacated, and the case is remanded for application of the proper prima facie standard.”