Supreme Court Likely to Lower Reverse Discrimination Pleading Standards

The US Supreme Court may soon make it easier for workers to bring so-called reverse discrimination claims by removing the additional “background circumstances” requirement—one currently asked of members of historically majority communities such as white male workers—in bias cases. The justices indicated they would likely find this additional requirement, which calls for these individuals to prove that their employer was the entity that discriminated against the majority, as an undue burden on them. A potential ruling by the Supreme Court striking down this requirement will not likely change the number of filings of reverse discrimination lawsuits brought by individuals who believe they have been impacted negatively by diversity, equity, and Inclusion initiatives. “When the Supreme Court, as I believe it will, gets rid of the background circumstances rule, it’ll be a headline, and people will become slightly more aware, but it won’t usher in a sea change that hasn’t already started to happen,” said Hugh Murray, Labor & Employment Practice Group Chair.