June 05, 2025
SCOTUS Speaks: “Majority” Plaintiffs Do Not Bear a Higher Burden of Proof in Title VII Discrimination Claims
If I claim I was discriminated against under Title VII of the Civil Rights Act of 1964 based on my sexual orientation (heterosexual) or race (white), do I bear a higher burden of proof than a gay person or a person of color who files a similar claim of discrimination?
The Sixth U.S. Circuit Courts of Appeals previously held the answer was, “Yes.” That decision was appealed to the Supreme Court of the United States (SCOTUS). Today, SCOTUS unanimously ruled, “No.”
The rationale of the lower court could have been applied to any “majority” plaintiff under Title VII such as a male claiming sex discrimination or a Christian claiming religious discrimination. Such a plaintiff would have to show, in addition to the standard elements of a Title VII claim that any “minority” plaintiff would have to meet, that theirs is the “unusual employer who discriminates against the majority.”
SCOTUS explains, “[T]he standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a member of a majority group…[d]iscriminatory preference for any group, minority or majority, is precisely and only what Congress has proscribed.” Clarifying this further, the court explains, “The [Title VII] provision focuses on individuals rather than groups, barring discrimination against ‘any individual’ because of protected characteristics. Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.”
What does this mean for employers? I hope it only reinforces what you have already been doing. If not, talk to your company’s legal counsel and consider the following.
Review your EEO, Harassment Prevention, and related policies. Does your harassment policy cover only sexual and not all other forms of unlawful harassment? Does your EEO policy include all protected classes under federal, state, and local law? Do your EEO and/or harassment policies address only sex discrimination or sexual harassment and not all forms? Does your harassment policy include behavioral examples that include only one sex or select races or religions and not all? As we talk about maintaining an inclusive workplace, ensure your policies reflect that inclusion is for all and your practices do the same.
Train your staff and managers. Educate everyone about all forms of unlawful discrimination and harassment. Title VII covers race, color, sex, religion, and national origin. Other federal, state, and local laws provide additional anti-discrimination and other protections based on disability, age, military status, citizenship, and many more. Ensure everyone knows their rights as well as their responsibility to prevent and correct all forms of unlawful discrimination and harassment. Reaffirm that everyone must conduct themselves with respect for and civility towards others at all working times.
