Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—State employee whose lawsuit led SCOTUS to reject heightened burden for majority-group discrimination claims now alleges retaliation, (Jul 17, 2026)

By Patricia K. Ruiz, J.D.

The complaint alleges the agency intensified its retaliatory actions following high court’s Title VII ruling.

Marlean Ames, whose employment discrimination case prompted the U.S. Supreme Court to strike down a heightened evidentiary standard for majority-group plaintiffs under Title VII in June 2025, has filed a new federal lawsuit alleging that the Ohio Department of Youth Services has since retaliated against her for pursuing that litigation. The complaint claims the agency engaged in a series of retaliatory acts following the Supreme Court’s decision, including restricting her job duties, denying her a promotion, isolating her from coworkers, denying her overtime opportunities, and initiating disciplinary action. Ames seeks compensatory damages, injunctive relief, attorney fees, costs, and promotion to a position she alleges she was denied because of retaliation.

Background. The lawsuit follows the Supreme Court’s June 5, 2025, decision in Ames v. Ohio Department of Youth Services, in which a unanimous court held that Title VII does not permit courts to impose a heightened prima facie burden on majority-group plaintiffs. The Court concluded that the Sixth Circuit’s “background circumstances” rule, which required majority-group plaintiffs to show additional evidence suggesting an employer discriminates against the majority, was inconsistent with Title VII’s text and Supreme Court precedent. The Court vacated the judgment against Ames and remanded the case for application of the proper prima facie standard.

New lawsuit. According to the new complaint, Ames has worked for the department for approximately 38 years and currently serves as a Community Correctional Facility Prison Rape Elimination Act (PREA) administrator. She alleges that shortly after the Supreme Court unanimously ruled in her favor, department officials directed her to report to the Indian River juvenile facility in Massillon and restricted her access within the facility. Ames claims she was given only limited access, denied a key that would permit broader access to the facility, and prevented from performing essential functions of her position.

The complaint alleges that other employees were instructed not to communicate with her and that she became the subject of ridicule and isolation. Ames filed an administrative retaliation charge with the Ohio Civil Rights Commission and Equal Employment Opportunity Commission on July 15, 2025, alleging differential treatment following the Supreme Court proceedings.

Denial of promotion. Ames also alleges she was denied a promotion to a PREA administrator position that became available in late 2025. According to the complaint, she interviewed for the position on Feb. 5, 2026, and contends she was the only certified PREA auditor among the candidates. The lawsuit alleges that the agency declined to promote her in retaliation for her prior discrimination lawsuit and administrative complaints. Ames filed a second administrative charge on March 24, 2026, asserting retaliation related to the promotion decision. The complaint alleges that the position was ultimately given to an employee who Ames claims did not apply or interview for the role and who was a member of the interview panel. Ames further alleges that the other employee lacked the qualifications she possessed.

In addition, Ames asserts that she has been denied overtime opportunities and overtime bonuses available to other employees. She alleges that she has been removed from state office facilities and assigned instead to an office at the Summit County Juvenile Court, resulting in her isolation from other Department of Youth Services employees and making it more difficult to perform her duties.

Disciplinary action. The lawsuit also challenges disciplinary action against her that began in July 2026 after telematics data from a state vehicle allegedly showed Ames exceeding posted speed limits on several occasions. Ames alleges that she received a supervisory conference, which she describes as the first step in a progressive disciplinary process. She claims she had never previously been disciplined during her tenure with the department and contends the discipline was retaliatory.

According to the complaint, Ames sought to return the state vehicle and use her personal vehicle for work-related travel, but department officials refused to permit her to do so. She alleges the agency is forcing her to continue using the state vehicle so that future alleged violations could be used to support additional discipline and potentially hinder future promotional opportunities.

Pattern of retaliation. Ames alleges that all the alleged adverse actions constitute an ongoing pattern of retaliation that intensified after she pursued discrimination claims through the EEOC, state agencies, federal courts, and ultimately the Supreme Court.

Requested relief. Ames seeks $500,000 on her Title VII retaliation claim, $200,000 on her Title VII hostile work environment claim, $250,000 on her Ohio-law retaliation claim, and $200,000 on her Ohio-law hostile work environment claim, along with back pay, attorney fees, costs, injunctive relief, and promotion to the position she alleges she was denied. She has demanded a jury trial.

The case is No. 2:26-cv-00846-JLG-SCS.

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