The Supreme Court is currently deliberating on a significant shift in the legal landscape regarding job discrimination lawsuits. Based on oral arguments presented on Wednesday, the court appeared inclined to make it easier for men, Whites, and straight people to pursue legal action for workplace discrimination. This development stems from a case involving an Ohio woman who claims she experienced anti-straight bias at her job.
Marlean Ames, the plaintiff, filed a job discrimination lawsuit in 2020 after she was removed from her position as an administrator at an Ohio government agency responsible for juvenile corrections. Her role was subsequently filled by a younger gay man. Ames also argued she was unfairly overlooked for another management role, which went to a woman she deemed less qualified. The woman, a lesbian, had not initially shown interest in the job.
Lower courts ruled against Ames before her lawsuit could go to trial. These courts cited her inability to meet the higher standard of proof required for plaintiffs from majority groups. This standard, known as “background circumstances,” mandates that Whites, men, and non-gay individuals demonstrate that their employer is unusually discriminatory against majority group members. This test is employed in nearly half of the nation’s appeals courts, including the one overseeing cases in Ohio.
Ames's legal argument contends that the "background circumstances" standard is unconstitutional as it imposes different requirements on minority and majority groups for proving job discrimination. The NAACP Legal Defense and Education Fund, in a friend-of-the-court brief, maintained that different standards are justified due to the historical nature of inequality in America. They argue that Blacks and other minority groups have traditionally been targets of bias, while "reverse discrimination" remains relatively uncommon.
During the oral arguments, most justices seemed sympathetic to Ames’s position and appeared ready to dismantle the "background circumstances" standard. Justice Neil M. Gorsuch notably remarked, “We are in radical agreement,” indicating a strong possibility of change.
A ruling in this pivotal case is expected by the summer. The decision could potentially reshape how job discrimination lawsuits are approached for majority groups, aligning the standards more closely with those applied to minority groups. As this is a developing story, further updates will be provided as more information becomes available.
