Based on a recent ruling from the US Supreme court, the Society for Human Resource Management and the legal community is bracing itself for a new flood of “reverse discrimination” claims. On June 5, 2025, in a unanimous decision, SCOTUS rejected the notion that a higher standard of evidence could be applied to discrimination claims involving non-minority parties that could be applied to discrimination cases involving minorities. In effect, this ruling clears the way for more claims, coming from more people, for more reasons.
In the specific case the plaintiff, a heterosexual female, claimed she was denied a promotion and later demoted in favor of less-qualified colleague due to discrimination in violation of Title VII of the Civil Rights Act of 1964 based on her sex and sexual orientation. The appellate court dismissed her claim, ruling that she failed to provide “background circumstances” that proved discrimination. The June 5th SCOTUS ruling rejected this higher evidentiary standard, leaving most observers to conclude that the notion of “reverse discrimination” is fast becoming fully obsolete. Discrimination is discrimination. Inclusion is inclusion. There is no such thing as reverse discrimination. “It is clear that in 2025 every employer is at risk of fielding a claim of discrimination from any employee, not just an employee in a minority group.”
SHRM included the following on its list of recommended TO DO’s for employers:
- Make sure your anti-discrimination policies clearly prohibit discrimination against any employee – not just employees who are members of a minority group.
- Take all claims of discrimination seriously, regardless of the employee raising the concern.
- Make sure all personnel decisions can be fully defended on the basis of merit.
