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The Supreme Court’s decision could lead to a new era of ‘reverse discrimination’ lawsuits

Brit Morse
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Brit Morse
Brit Morse
Leadership Reporter
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Brit Morse
By
Brit Morse
Brit Morse
Leadership Reporter
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June 6, 2025, 8:32 AM ET
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In a unanimous decision, the court wrote that members of minority and majority groups should be treated equally regarding cases of discrimination.Getty Images

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A Supreme Court decision yesterday on a case of workplace discrimination could have major impacts on the employment landscape and will affect HR departments across the country.

In a unanimous decision, the court sided with Marlean Ames, a former Ohio state government employee who sued her employer after she was passed over for two promotions that went to gay coworkers instead. Ames argued that she was discriminated against for work opportunities because of her heterosexuality. 

The case first appeared in the sixth circuit court, which ruled against Ames citing the higher standard of proof for discrimination that must be met by members of majority groups, such as men, white people, or heterosexual people. That higher standard is referred to as “background circumstances,” and plaintiffs must show additional supporting evidence that they were the victims of discrimination.  But the Supreme Court’s ruled that the additional burden for people from majority groups is unconstitutional, and violates Title VII of the Civil Rights Act. 

The decision wasn’t a surprise, and had been anticipated by legal experts. But they tell Fortune that the ruling will likely lead to more reverse discrimination cases against employers in the near future.

“We should expect to see this trend continue, and see an uptick in these so-called reverse discrimination claims brought by men who are not members of historically disadvantaged groups,” Michael Steinberg, a labor and employment attorney at firm Seyfarth Shaw, tells Fortune.

The case comes at a particularly fraught time when it comes to the legal landscape of the workplace in general. A combination of the Supreme Court’s decision to overturn affirmative action and Trump’s executive orders targeting affirmative action have made companies extra cautious about their programs and protocols around diversity initiatives. 

The Ames case was not centered on DEI policies, but two Supreme Court Justices, Clarence Thomas and Neil Gorsuch, specifically referenced DEI in their opinions. 

David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion, and Belonging at New York University, says it’s the first instance, since Trump took office, that justices have put their stances around DEI in writing. And he adds it could “encourage potential plaintiffs to see shifts in the wind and then follow them right to bring future claims.”

You can read more about yesterday’s Supreme Court decision here.

Brit Morse
brit.morse@fortune.com

Around the Table

A round-up of the most important HR headlines.

Consumer good giant Proctor & Gamble plans to cut 7,000 jobs over the next couple years due to uncertainty around tariffs. New York Times

Amid a challenging hiring environment, Gen Zs are increasingly falling for scams that advertise fake lucrative jobs. Business Insider

Most DOGE employees were supposed to be gone after 130 days, but core members of the team are deciding to stick around for the long haul. Wired

Watercooler

Everything you need to know from Fortune.

Skyrocketing prices. The New York Federal Reserve found that as of last month, many businesses were also raising prices on products unaffected by tariffs. —Sasha Rogelberg 

Replaced with a robot. OpenAI CEO Sam Altman says AI can already perform tasks of most junior-level employees. —Preston Fore

Recession indicators. Discount retailers like Dollar General, Dollar Tree, and Five Below are winning over consumers amid rising prices due to tariffs and inflation. —Sydney Lake

This is the web version of Fortune CHRO, a newsletter focusing on helping HR executives navigate the needs of the workplace. Sign up to get it delivered free to your inbox.
About the Author
Brit Morse
By Brit MorseLeadership Reporter
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Brit Morse is a former Leadership reporter at Fortune, covering workplace trends and the C-suite. She also writes CHRO Daily, Fortune’s flagship newsletter for HR professionals and corporate leaders.

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