Speaking Engagements
Georgetown Law 2025 Advanced eDiscovery Institute
November 21, 2025 | 8:30 AM – 9:30 AM ET
Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.
Articles + Publications June 12, 2025
A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio Department of Youth Services, the Court ruled that a Sixth Circuit requirement that members of a “majority group” (such as heterosexual employees) must satisfy a heightened evidentiary standard for discrimination claims was incompatible with the language of Title VII and with Supreme Court precedent. The unanimous decision written by Judge Ketanji Brown Jackson resolves a circuit split, as the Sixth, Seventh, Eighth, Tenth, and D.C. circuit courts of appeals had previously imposed a higher evidentiary burden on discrimination claims brought by majority group members.
The Sixth Circuit’s “Background Circumstances” rule previously imposed a heightened evidentiary burden for discrimination claims brought by majority group members.
Before the Ames ruling, the Sixth Circuit applied a “background circumstances” rule for discrimination claims brought by members of a majority group. This heightened evidentiary burden required that such employees prove that “background circumstances support the suspicion that the defendant is that unusual employer who discriminates against the majority.”
In Ames, a heterosexual employee of the Ohio Department of Youth Services brought a discrimination action against her employer alleging that she was denied a management promotion and demoted because of her sexual orientation. The district court granted summary judgment in favor of her employer, holding that the employee had not provided “background circumstances supporting the suspicion that her employer would discriminate against a majority group.” The Sixth Circuit affirmed this decision.
The Supreme Court’s Ames ruling held that the same standard must apply to majority and minority group members.
Justice Brown Jackson’s majority opinion clarified that the “background circumstances” rule was incompatible both with Title VII’s text and with the Court’s longstanding precedent. Title VII’s language prohibits discrimination against “any individual” without reference to a majority or minority group. Justice Brown Jackson’s opinion specifically cited prior Supreme Court precedent—including McDonald v. Santa Fe Trail Transportation Co., (1976), and Bostock v. Clayton County, (2020) among others—as examples where the Court had expressly applied the same standard for discrimination against minority or majority groups. Joined by Justice Gorsuch, Justice Thomas’ concurrence took aim at the McDonnell Douglas framework in its entirety—stating that in an appropriate case, “this Court should consider whether the McDonnell Douglas framework is an appropriate tool to evaluate Title VII claims at summary judgment.”
Next Steps and Takeaways for Employers
The Court’s unanimous decision in Ames reduces the evidentiary burden on majority group employee plaintiffs to bring discrimination actions in jurisdictions that previously applied the “background circumstances” rule. Read more about how employers can navigate DEI policies and reverse discrimination claims in a shifting legal landscape in our recent publication.
Speaking Engagements
Georgetown Law 2025 Advanced eDiscovery Institute
November 21, 2025 | 8:30 AM – 9:30 AM ET
Firm Events
2025 Mid-Atlantic Health Care IT Forum
November 19, 2025 | 3:30 PM – 7:00 PM ET
Troutman Pepper Locke Philadelphia Office – Philadelphia Conference Center
31st Floor, 3000 Two Logan Square, Philadelphia, PA 19103, Eighteenth and Arch Streets
Sponsored Events
2025 ACG Deal Crawl
November 19 – 20, 2025
JW Marriott Charlotte
600 S College Street, Charlotte, NC 28202
Speaking Engagements
Restructuring in the Age of Artificial Intelligence
November 17, 2025 | 1:30 PM – 2:30 PM ET
Offices of CohnReznick
New York, NY
Leading the energy evolution.
Learn more
From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.