U.S. Supreme Court justices found what Justice Neil Gorsuch called “radical agreement” in a case involving a straight white woman who claimed she was denied promotion in favor of less-qualified gay candidates.
The justices heard arguments from plaintiff Marlean Ames, who alleges that her homosexual supervisor at the time denied her a promotion and later demoted her in favor of far less qualified gay candidates at the Ohio Department of Youth Services, per ABC News.
At issue was the Sixth Circuit U.S. Court of Appeals dismissing Ames’s case out of hand, claiming that a straight, white plaintiff such as Ames does not meet the “background circumstances” required for a discrimination case.
Ames argued that the qualification of “background circumstances” is an unfair burden placed on her simply for being straight and should not affect the enforcement of Title XII.
At the conclusion of oral arguments on Wednesday, the court seemed in near-unanimous agreement to reverse the lower court ruling.
Brett Kavanaugh said, “discrimination on the basis of sexual orientation, whether it’s because you’re gay or because you’re straight, is prohibited, and the rules are the same whichever way that goes.”
Justice Sonia Sotomayor, one of the court’s most liberal justices, called the circumstances behind Ames’s demotion “suspicious,” more than warranting a chance to present her case in lower courts.
“We’re in radical agreement today on that, it seems to me,” Justice Neil Gorsuch said regarding the need for the court to equally apply Title VII protections.
The anticipated decision would not only allow Ames to present her discrimination but potentially set a precedent that makes courts much more likely to take similar cases in the future.
Jonathan Segal, an employment lawyer and partner at Duane Morris LLP, suggested the decision “will reinforce to the public that the law prohibits discrimination equally against majority and minority groups alike.” He added, “This likely will increase in all circuits the already increasing number of claims by members of so-called majority groups.”
Additionally, Segal said, “Of course, the Ames decision cannot be viewed in isolation … A finding of ‘reverse discrimination’ may subject an employer’s DEI programs to federal and state investigations.”
A final decision is expected by the end of June.
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[[{“value”:”
U.S. Supreme Court justices found what Justice Neil Gorsuch called “radical agreement” in a case involving a straight white woman who claimed she was denied promotion in favor of less-qualified gay candidates.
The justices heard arguments from plaintiff Marlean Ames, who alleges that her homosexual supervisor at the time denied her a promotion and later demoted her in favor of far less qualified gay candidates at the Ohio Department of Youth Services, per ABC News.
At issue was the Sixth Circuit U.S. Court of Appeals dismissing Ames’s case out of hand, claiming that a straight, white plaintiff such as Ames does not meet the “background circumstances” required for a discrimination case.
Ames argued that the qualification of “background circumstances” is an unfair burden placed on her simply for being straight and should not affect the enforcement of Title XII.
At the conclusion of oral arguments on Wednesday, the court seemed in near-unanimous agreement to reverse the lower court ruling.
Brett Kavanaugh said, “discrimination on the basis of sexual orientation, whether it’s because you’re gay or because you’re straight, is prohibited, and the rules are the same whichever way that goes.”
Justice Sonia Sotomayor, one of the court’s most liberal justices, called the circumstances behind Ames’s demotion “suspicious,” more than warranting a chance to present her case in lower courts.
“We’re in radical agreement today on that, it seems to me,” Justice Neil Gorsuch said regarding the need for the court to equally apply Title VII protections.
The anticipated decision would not only allow Ames to present her discrimination but potentially set a precedent that makes courts much more likely to take similar cases in the future.
Jonathan Segal, an employment lawyer and partner at Duane Morris LLP, suggested the decision “will reinforce to the public that the law prohibits discrimination equally against majority and minority groups alike.” He added, “This likely will increase in all circuits the already increasing number of claims by members of so-called majority groups.”
Additionally, Segal said, “Of course, the Ames decision cannot be viewed in isolation … A finding of ‘reverse discrimination’ may subject an employer’s DEI programs to federal and state investigations.”
A final decision is expected by the end of June.
“}]]
