U.S. Supreme Court Reverses ‘Reverse’ Employment Discrimination Pleading Standard

Takeaways • The U.S. Supreme Court invalidated the “background circumstances” rule for Title VII claims, resolving a split in the circuits and holding that courts must evaluate claims brought by majority-group plaintiffs under the same evidentiary framework as minority-group plaintiffs. • Justices Thomas and Gorsuch outlined their criticisms of the McDonnell Douglas framework and encouraged parties to litigate Title VII discrimination claims under the summary judgment standard used in almost all other contexts. • Employers should continue to focus on equal employment for all individuals regardless of their race, color, sex, national origin, religion, age, disability, or other classification and regardless of any perceived “majority” status.

On June 5, 2025, the U.S. Supreme Court in