Ames v. Ohio Department of Youth Services
Case Overview
Marlean Ames worked at the Ohio Department of Youth Services before being passed over for promotion and then demoted, both times in favor of employees who were gay, and she claimed the reason was her sexual orientation. Lower courts required her to first show background circumstances suggesting her employer was the unusual one that discriminates against heterosexual workers, a bar that gay employees suing the same employer would never face. The Supreme Court held unanimously in June 2025 that this extra hurdle has no basis in Title VII, which bars employment discrimination against any individual and does not apply a different threshold depending on whether the plaintiff is in the majority or minority group.
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The Application
Marlean Ames, a heterosexual employee at the Ohio Department of Youth Services, was passed over for promotion and demoted allegedly in favor of gay employees. Lower courts required her to first prove the employer was unusual in discriminating against heterosexuals, a burden courts would not impose on gay employees suing the same employer for the opposite discrimination.
The Conclusion
The Supreme Court held unanimously that Title VII permits no such unequal treatment of plaintiffs based on majority/minority status. Ames need not clear a higher bar than other discrimination claimants; the case is unresolved and likely on remand for proceedings consistent with this ruling.
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