Christopher Massey v. Borough of Bergenfield
Split Score
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Case Summary
Disposition
Reversed in Part
The Third Circuit held that New Jersey’s ‘Background Circumstances Rule,’ which imposes a heightened burden on majority-group discrimination plaintiffs, is no longer viable after the U.S. Supreme Court’s decision in Ames and predicted that the New Jersey Supreme Court would strike it down. Removing that rule, the court found genuine disputes of material fact on Massey’s NJLAD and § 1983 equal-protection claims, reversed the district court’s grant of summary judgment on those counts, affirmed dismissal of the § 1981 claim, and remanded for trial.
Circuit Split Identified
Legal Issue
Whether majority-group plaintiffs bringing Title VII or analogous state discrimination claims must satisfy the heightened 'Background Circumstances Rule' as part of the prima-facie case.
Circuit Positions
Adopt and apply the Background Circumstances Rule, imposing a heightened prima-facie burden on majority-group plaintiffs.
Reject the Background Circumstances Rule and apply the ordinary McDonnell-Douglas framework to all plaintiffs regardless of race.
Conflict Summary
Several circuits, including the Sixth Circuit, required majority-group plaintiffs to show that they were victimized by an 'unusual employer' that discriminates against the majority (the Background Circumstances Rule). The Third Circuit expressly rejected that rule, applying the ordinary McDonnell-Douglas prima-facie elements without any heightened showing.