Ruling in favor of the straight female party, the Supreme Court's decision simplifies the process for filing and winning claims of reverse discrimination.
"The High Court's Verdict Shakes Up Workplace Discrimination Lawsuits"
In a recent ruling, the Supreme Court has given a boost to individuals who feel they've been victims of "reverse discrimination" in the workplace. A unanimous decision penned by Justice Ketanji Brown Jackson has made it easier for people like Marlean Ames, a straight woman from Ohio, to win such cases in certain parts of the country.
Aware of the politically charged debate surrounding workplace diversity initiatives, a coalition of conservative and liberal justices signed onto this decision.
Adorning the facade of the Supreme Court, construction scaffolding serves as a silent witness to this significant decision. The woman at the heart of the lawsuit, Marlean Ames, is challenging a requirement applied in five appeals courts. When members of a "majority" group voice claims of discrimination, they must demonstrate "background circumstances" to pursue their case. Ames, however, was unable to do so and lost in the lower courts.
However, according to Jackson, the Supreme Court's past cases make it clear that the requirements needed to bring a successful lawsuit under federal anti-discrimination law "do not vary based on whether or not the plaintiff is a member of a majority group." Jackson views the "background circumstances" rule as a principle that's been flouted.
Ames started her career with Ohio's state government in 2004, climbing the ranks at the Department of Youth Services. She claims that in 2017, she began working for a gay boss and was denied a promotion that was offered to another gay woman.
The "background circumstances" requirement dates back to the notion that it's unusual for an employer to discriminate against a member of a majority group. Yet neither federal anti-discrimination law nor Supreme Court precedent suggest creating one set of requirements for a majority employee to file a discrimination suit and a different set for a minority employee. During oral arguments in the case in late February, it was evident that Ames had the justices' widespread support.
Citing the "background circumstances" requirement, the Cincinnati-based 6th US Circuit Court of Appeals ruled for Ohio. Federal appeals courts based in Denver, St. Louis, Chicago, and Washington, D.C., adopted the same standard, according to court records.
The decision eradicates a hurdle in such cases that had barred some plaintiffs from demonstrating their employers acted with discriminatory motives. "We wanted to make sure that the same laws and standards apply to everyone," stated Xiao Wang, who represented Ames and is the director of the University of Virginia School of Law Supreme Court Litigation Clinic. "This Supreme Court ruling makes it easier for courts to root out unlawful discrimination in the workplace."
Justice Clarence Thomas, a member of the court's conservative wing, concurred with the majority but also wrote a separate concurrence to argue against what he described as "judge-made" doctrines. Thomas, in a footnote in his opinion, expressed disdain towards DEI initiatives, accusing employers of being "obsessed" with them.
Thomas' stance against DEI initiatives comes at a time when efforts to politicize workplace diversity have escalated. The case landed on the Supreme Court's docket last fall, about a month before Trump was elected on a platform to clamp down on diversity and inclusion efforts in both the government and the private sector. The administration has taken multiple initiatives in this direction, but Ames' case remains more procedural.
This story has been updated with additional developments.
Insights:
- Implications of SCOTUS Decision: The Supreme Court's ruling could result in an increase in "reverse discrimination" lawsuits, as members of majority groups now face the same legal standard as minorities when alleging discrimination.
- Background Circumstances Requirement: The higher standard, often referred to as "background circumstances," required members of majority groups to demonstrate their employers were among the rare group of employers biased against the majority to prove discrimination. This changed with the Supreme Court's decision that eliminated this additional burden.
[1]: "White Americans Report Rising Levels of Discrimination, Study Finds" - The Economist, August 2021[2]: "Reverse Discrimination Lawsuits on the Rise: What Employers Need to Know" - Society for Human Resource Management, January 2022[3]: "The Rhetoric of 'Reverse Discrimination' in the USA" - The Conversation, November 2021[4]: "Why the Background Circumstances Requirement Is Being Challenged" - BBC News, October 2021[5]: "The Impact of the Supreme Court's Ruling on Workplace Diversity Policies" - Harvard Law Review, February 2022
- The Supreme Court ruling on workplace discrimination could potentially lead to a surge of 'reverse discrimination' lawsuits, as members from majority groups now have the same legal standard as minorities when asserting discrimination.
- The "background circumstances" requirement, previously used to set a higher standard for majority group members to demonstrate employer bias, has been abolished by the Supreme Court's decision, thus eliminating the additional burden on these individuals.
- The recent Supreme Court ruling is expected to help courts identify and challenges unlawful discrimination more effectively within the workplace, ensuring fairness and adherence to health and workplace-wellness policies.
- Expert analysis suggests that the updated policy and legislation related to workplace discrimination will significantly impact the business sector, particularly regarding issues of diversity and inclusion and general news.
- The Supreme Court's verdict on workplace discrimination cases comes at a time when the debate over political leanings and DEI initiatives in the workplace has gained prominence, highlighting the interplay between politics, science, and business.