The U.S. Supreme Court has unanimously ruled in favor of Marlean Ames, a heterosexual woman from Ohio, in her claim of discrimination against her employer, the Ohio Department of Youth Services. Ames alleged that she was passed over for a promotion and demoted because of her sexual orientation, violating Title VII of the Civil Rights Act of 1964. Her case is deemed a reverse discrimination case because as a heterosexual, she is considered as being in the majority, not the minority.
Previously, the Sixth Circuit Court of Appeals ruled in favor of her employer, requiring that, as a plaintiff in the majority, she must prove “background circumstances” to support a suspicion that her employer is that unusual employer who discriminates against the majority. The Supreme Court rejected this heightened standard because neither the statute, nor the case law distinguishes between majority and minority plaintiffs.
Justice Ketanji Brown Jackson, writing for the Court, rejected the requirement that any plaintiff prove the “background circumstances” in addition to their prima facie case, thus, lowering the requirements majority plaintiffs must meet in proving discrimination. The decision is seen as a significant development in employment law, potentially affecting similar legal standards in at least 20 states, including Ohio, and Washington, D.C. Justices Thomas and Gorsuch, in a concurring opinion, foreshadowed that they would favor overturning the entire framework of how discrimination claims are currently analyzed.
The case will now return to lower court for analysis of this case under the new standard.
The decision makes it easier for majority plaintiffs claiming discrimination based on their race, color, religion, sex, or national origin to prove their cases. Please contact us for advice on any claims of discrimination made by employees.
Jo A. Tatarko focuses on employment defense, financial services litigation, probate litigation and business litigation. She represents clients in employment related lawsuits and administrative claims, as well as in breach of contract matters, probate and business disputes. Jo joined the Perez Morris Cleveland office in 2022. Read more.
