The Supreme Court ruled unanimously on Thursday (June 5) in favor of Marlean Ames, a straight woman from Ohio, allowing her to pursue a "reverse discrimination" lawsuit against her employer. Ames, who worked for the Ohio Department of Youth Services, alleged that she was denied a promotion in favor of less qualified gay candidates, with her supervisor also being gay. Justice Ketanji Brown Jackson wrote the court's opinion, stating that Ames had been unfairly held to a higher legal standard as a member of a majority group.

The case challenges a requirement in five appeals courts that members of a majority group must demonstrate "background circumstances" to pursue discrimination claims. Justice Jackson emphasized that federal anti-discrimination laws do not differentiate between majority and minority groups in terms of the requirements for filing a lawsuit. The Supreme Court's decision vacates the lower court's ruling and remands the case for reconsideration under the proper standard.

The ruling does not guarantee Ames' success in her case, but it allows her lawsuit to proceed. Justice Clarence Thomas, in a separate concurrence, criticized diversity, equity, and inclusion (DEI) initiatives, arguing that they can lead to discrimination against majority groups. The case has drawn attention amid ongoing debates over workplace diversity efforts, which have been a point of contention in recent political discourse.

Both the Trump and Biden administrations agreed that the 6th Circuit should reconsider its approach.

Michael DelGiorno