Can I Sue for Reverse Discrimination?

Reverse discrimination refers to the unfavorable treatment of people who belong to a historically advantaged or majority group. These claims often arise when employment practices intended to support members of minority groups are perceived to have harmed someone in a majority group.

Whether you’re an employee or an employer, it is important to understand how discrimination claims work. The bottom line is that anti-discrimination protections extend equally to everyone, regardless of a person’s background or membership in a minority or majority group. For legal help in this area, reach out to a discrimination lawyer.

What Is Reverse Discrimination?

Reverse discrimination refers to situations when a member of a majority group believes they have been harmed by policies or employment practices favoring members of minority groups.

Through diversity, equity, and inclusion (DEI) initiatives, employers in recent decades have sought to include people from different backgrounds. DEI initiatives support the inclusion and professional development of employees from historically underrepresented or minority groups while enhancing organizational performance and innovation by including diverse perspectives and skills. However, if programs are not appropriately implemented, it can open the door to reverse discrimination claims.

Reverse discrimination has been alleged in employment decisions, education admissions, and access to government programs.

Legal Framework for Reverse Discrimination Claims

Federal and state laws prohibit discriminatory actions. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. These protections apply to all people regardless of majority or minority status. Reverse discrimination claims are actionable under Title VII.

The U.S. Supreme Court has clarified the scope of anti-discrimination laws. For example, in Ricci v. DeStefano (2009), the Court ruled that a city’s decision to ignore the results of a promotion test that would have resulted in more white firefighters getting promoted constituted discrimination against the white firefighters.

Landmark Reverse Discrimination Case: Ames v. Ohio Department of Youth Services

In 2025, the U.S. Supreme Court unanimously issued a landmark reverse discrimination ruling in the case Ames v. Ohio Department of Youth Services. Marlean Ames, a white, heterosexual woman, alleged she was denied promotion and subsequently demoted in favor of less qualified LGBTQ+ employees due to her sexual orientation.

Lower courts dismissed her claim, applying a “background circumstances” requirement for majority group plaintiffs. Under the background circumstances test, majority group plaintiffs had to show that their employer was the “unusual employer” who discriminates against the majority. The Court held that Title VII does not impose such a heightened burden on majority group plaintiffs. The background circumstances requirement was deemed inconsistent with Title VII’s text and purpose.

The Ames ruling is significant because it eliminates the higher evidentiary standard previously applied to members of the majority group plaintiffs in certain jurisdictions. It also reaffirms that Title VII’s protections apply equally to all individuals. It could influence how courts assess reverse discrimination claims and the burden of proof in the future.

Evidence Required to Prove Reverse Discrimination

To have a successful claim of reverse discrimination, a plaintiff must show they are a member of a protected class. These are race, color, religion, sex, and national origin.

If it is a workplace discrimination claim, the employee must show they were qualified for the job, promotion, training opportunity, or other benefit denied. The plaintiff must present facts showing that race, gender, or another protected trait played a role in the employer’s decision.

Plaintiffs can use comparative, direct, and statistical evidence to support their claims:

• Comparative treatment. Evidence demonstrating that similarly positioned employees of a different class were treated more favorably under similar circumstances. Courts often require the comparison to involve individuals in comparable roles with similar qualifications and job performance.
• Direct evidence of discrimination. For example, a clear statement from an employment decision-maker demonstrating bias. This is typically done with internal communications documentation. It could also be a policy that explicitly favors one group over another.
• Statistical evidence. Evidence showing a pattern of treatment. It’s typically used for showing disproportionate hiring, promotion, demotion, or disciplinary actions.

Most Title VII discrimination claims are evaluated using the McDonnell Douglas burden-shifting framework. This framework, which the U.S. Supreme Court created in McDonnell Douglas Corp. v. Green (1973), established a three-step process that is widely used by federal courts in employment discrimination cases:

1. The plaintiff must show they have a prima facie case (prima facie meaning that “on the face of it,” they have a good case)
2. If the plaintiff achieves the first step, then the burden shifts to the employer, who must show a legitimate, non-discriminatory reason for its actions
3. The burden then shifts back to the plaintiff, who must show that the employer’s stated reason was pretextual

Role of the EEOC in Discrimination Claims

The U.S. Equal Employment Opportunity Commission (EEOC) enforces employment anti-discrimination laws.

Complaints must be filed with the EEOC within 180 calendar days from the date of the alleged discriminatory act. The deadline extends to 300 calendar days if a state or local anti-discrimination law applies. Complaints can be filed online, in person at an EEOC office, by mail, or by phone.

The EEOC accepts charges against private employers, state or local governments, and federal agencies. After filing a complaint, the EEOC will conduct an intake interview to evaluate the merit of the complaint. If the EEOC accepts the complaint, the EEOC may request additional documentation, conduct interviews, or visit the employer’s worksite.

If the EEOC does not resolve the charge through settlement or conciliation, it may issue a “Dismissal and Notice of Rights” (Right-to-Sue letter) or file a lawsuit itself in rare cases involving broader public interest. A complainant must wait to receive a Right-to-Sue letter before filing a lawsuit in federal court under Title VII. Once issued, the complainant has 90 days to file a lawsuit.

How To File a Reverse Discrimination Lawsuit

Before filing any claim, individuals who experience reverse discrimination should collect all relevant documentation. Emails, meeting notes, memos, and internal policies can all serve as evidence of bias or preference. Performance evaluations, disciplinary records, or communications can show treatment disparities.

Create a detailed timeline of treatment and communications. If there are other employees in a similar position who can be used for comparison, take note of the treatment they receive.

When ready, the next step is to work with a lawyer to file a formal discrimination complaint through the EEOC. If the EEOC does not resolve the case or declines to pursue legal action, it will issue a Notice of Right to Sue. This notice is required before victims of discrimination can proceed to federal court under Title VII. You have 90 days from the date of receipt to file a lawsuit.

Once you have the Right-to-Sue letter, you may file in federal court or a state court, depending on the nature of the claim and the applicable law. The court will hear the party’s arguments and issue a ruling. If either party is unsatisfied with the verdict, they may be able to appeal the case.

Working with a lawyer can be an essential part of pursuing a claim of discrimination. An attorney can assist with deciding how to pursue a claim. Federal court is the appropriate forum for claims made under Title VII or other federal civil rights laws. A state court is the proper forum for state anti-discrimination claims that are beyond federal protections.

Strategic choice of venue may depend on factors like jury pool demographics, case law interpretations, and procedural preferences.

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