• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Reverse discrimination: 1 office detail sways new court ruling

Carol Warner
By: Carol Warner
Read it on Beacon
  • Share on

About the Author

For nearly two decades, Carol Warner has analyzed the legal and financial realities behind workplace decisions, covering employment law, benefits, payroll and HR technology. She translates complex legal updates, regulatory shifts and vendor claims into plain language that HR teams can act on. Her focus is simple: What does this mean for employers, and what should they do next? Connect with her on LinkedIn.

Show Less
Last Updated: July 6, 2022
5 minute engagement
How Applicant Stated Valid Reverse Discrimination Claim
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

A federal magistrate judge recommended denying a Colorado university’s motion to dismiss a Title VII reverse discrimination claim filed by a male applicant.

In 2018, Christian Sparks applied for a position as a Civil Rights Investigator with the Office of Equity at the University of Colorado. Sparks had nearly 20 years investigative experience, including in areas such as “sexual assault, Title VII … [and] professional misconduct.” Even so, Sparks was not selected for an interview.

Ultimately, the university offered the job to a female applicant, who accepted the position.

At that time, the Office of Equity department was already staffed with eight female employees and just one male employee.

Sparks filed a Title VII lawsuit.

To state a prima facie claim of discrimination based on a failure to hire, plaintiffs must show: 1) they are a member of a protected class; 2) they are qualified for the position; 3) they weren’t selected for the position; and 4) the position either remained open or was filled by an applicant who was not a member of the protected class.

The university filed a motion to dismiss, arguing that Sparks failed to state a valid claim because he isn’t a member of a protected class.

Elements of a Title VII reverse discrimination claim

Under Title VII, both genders are protected from illegal sex discrimination, the court pointed out.

When a plaintiff – like Sparks in this case – is a member of a historically protected group, then the requirements of a valid claim shift a bit.

“In lieu of showing that he belongs to a protected group,” Sparks had “to allege background circumstances” showing that the school was “one of those unusual employers who discriminate against the majority,” the court explained.

Sparks insisted his claim was “not a reverse discrimination claim” because the school’s “Office of Equity historically favors women in its hiring decisions.” As such, Sparks asserted he “is not a member of a historically favored group in the specific circumstances of this case.”

The court disagreed. The Tenth Circuit – followed by this Colorado court – has recognized that male plaintiffs are members of “a historically favored group,” even in cases where they “have alleged that a specific employer favors women over men.” In such cases, the Tenth Circuit considers the claim “as one asserting reverse discrimination.”

Having established that Sparks’ claim was in fact a reverse discrimination claim, the court said he had to allege ”background circumstances supporting an inference” that the university’s failure to hire him “was based on gender discrimination against the majority.”

Pointing to the department’s office demographics, Sparks claimed the school “repeatedly and historically granted the female sex/gender de facto a form of preselected preferential discriminatory ‘super’ protection, even when it is non-meritorious [sic].”

He further alleged that he faced “substantial lost wages and future retirement as a result of the [school’s] discriminatory practice against his gender.”

The school argued that the department’s office demographics were irrelevant. It insisted that the “proper statistical comparison” was the applicant pool from which Sparks was not chosen.

The university argued that because Sparks didn’t make any allegations about the applicant pool, he failed to allege the necessary “background circumstances” to support his claim that the school’s hiring decision was discriminatory.

The judge was not swayed, explaining that the university “cited no legal authority demonstrating that such allegations are mandatory.”

Moreover, the Tenth Circuit has established that “a plaintiff who is a member of a historically favored group can nevertheless establish a prima facie reverse discrimination case based on the demographics of the defendant employer’s workplace or workforce,” the court explained.

In Reynolds v. School Dist. No. 1, Denver, Colo.,  the Tenth Circuit recognized that the teacher was “the only white employee in the otherwise all-Hispanic Bilingual/ESOL Department, and Hispanic supervisors made most of the employment decisions” that prompted the teacher’s complaint.  Acknowledging that “statistical evidence alone does not establish intentional discrimination,” the court found that such evidence “suffice[d] in this case to establish the ‘suspicion that the defendant is that unusual employer who discriminates against the majority.’”

Here, Sparks alleged he was qualified for the position but was not granted an interview. He also claimed that three of the four candidates selected for interviews were women, and that the university hired a woman to fill the position. Moreover, at the time the university made these decisions, the department  “employed eight women and one man.”

In response, the university pointed out that it did interview one man for the open position, which Sparks acknowledged in his allegation that three candidates called for interviews were women. Moreover, it stressed that the department’s director is a man. The university insisted that Sparks’ allegations failed to “suggest the hiring process discriminated against male applicants.”

At the motion-to-dismiss stage of the proceeding, the court said, it had to accept Sparks’ allegations as true. Applying Reynolds, the magistrate judge found Sparks stated a plausible claim of reverse discrimination based on office demographics. As such, the court recommended denying the motion to dismiss and allowing the case to proceed.

Sparks v. Univ. of Colorado, No. 21-cv-02016-RM-NYW, 2022 WL 1092141 (D. Colo. 4/12/22).

EEOC’s take on reverse discrimination

The Equal Opportunity Employment Commission (EEOC) has been involved in several significant reverse discrimination claims that led to expensive settlements for companies.

For more about sex discrimination and Title VII compliance, download the EEOC’s Sex Discrimination Fact Sheet, which contains specifics on what constitutes sex-based discrimination, and time limits regarding how long employees have to file a charge.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

Employee Recognition Playbook

Provided by Inspirus

White Papers

The FMLA Paperwork Trap: Why Manual Leave Management Is Costing You More Than Time

Provided by AbsenceSoft

White Papers

Remote Work Requests Are Testing Your ADA Process, Are You Ready?

Provided by AbsenceSoft

White Papers

The Employer Growth Standard

Provided by Asure Software

SPONSORED CONTENT

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Employment Law

Policy & Procedures

sponsored content
Policy Rollout: 4 Checkpoints That Show Employees Got the Message

Courtesy of NAVEX

Further Reading

  • Employment Law
The Lilly Ledbetter Fair Pay Act & the Fight for Pay Equity

Lilly Ledbetter, a former Goodyear employee who became the face of the pay equity movement, died last month at age 86.  Here’s a ...

  • Employment Law
OSHA Seeks $1M in Penalties for Air Safety Violations

OSHA has proposed more than $1 million in penalties against a Chicago countertop manufacturer that allegedly did not do enough to protect i...

  • Employment Law
Walmart to Pay $415K in Harassment Lawsuit: Key HR Lessons

When companies fail to enforce harassment policies, the cost isn’t just financial – it’s a hit to reputation, employee trust and lega...

  • Employment Law
New Executive Order: Trump Curbs Use of Disparate Impact Theory

On April 23, President Trump signed an executive order instructing federal agencies, including the EEOC, not to rely on disparate impact th...

  • Employment Law
  • Recruiting
AI Job Postings, Real Consequences: $9,460 DOJ Fine

Prompt. Generate. Post. That’s the new recruiting workflow for many HR teams turning to artificial intelligence (AI) to speed up job post...

  • Employment Law
Hostile Work Environment: Court Upholds $300K Damages Award

A federal judge has denied SkyWest Airlines’ bid for a new trial and upheld an order that the company pay $300,000 in damages to a former...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.