Marlean Ames, a straight woman, was denied promotion and later demoted in her role at the Ohio Department of Youth Services by her lesbian supervisor. The position she sought and her former position were then given to a lesbian woman and a gay man, respectively. This prompted Ames to file suit under Title VII of the Civil Rights Act of 1964, arguing that she was unlawfully discriminated against based on her sexual orientation because she is heterosexual. The Sixth Circuit Court of Appeals affirmed the district court in holding that, because Ames was part of the majority group, she had the additional requirement of demonstrating the "background circumstances" that the employer discriminates against majority group members.
On June 5, 2025, the United States Supreme Court unanimously vacated and remanded, holding that “the Sixth Circuit’s ‘background circumstances’ rule—which requires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim—cannot be squared with the text of Title VII or the Court’s precedents.”
Join us for an expert analysis of this decision and its implications.
Featuring:

Nicholas Barry, Senior Counsel, America First Legal Foundation
(Moderator) William E. Trachman, General Counsel, Mountain States Legal Foundation