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Home » Supreme Court Eases Path for “Reverse Discrimination” in Employment Practices
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Supreme Court Eases Path for “Reverse Discrimination” in Employment Practices

June 5, 20253 Mins Read
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Washington (AP) – In a unanimous decision on Thursday, the Supreme Court simplified the process for filing lawsuits related to what is termed reverse discrimination. An Ohio woman alleged she faced demotion due to her heterosexuality while missing out on a job opportunity.

Justice decision impacts lawsuits across 20 states and the District of Columbia. Historically, courts have imposed stricter standards on members of majority groups, including whites and heterosexuals, when pursuing discrimination claims under federal law.

Justice Ketanji Brown Jackson communicated to the court that federal civil rights laws do not differentiate between majority and minority groups.

“By ensuring equal protection for all ‘individuals’ irrespective of their membership in majority or minority groups, Congress has eliminated the possibility for courts to impose special conditions solely on majority plaintiffs,” Jackson stated.

The case was brought to court on appeal by Marlene Ames, who has been employed by Ohio Youth Services for over 20 years.

While he concurred with Jackson’s opinion, Judge Clarence Thomas pointedly noted that he “explicitly discriminated” against those perceived as part of the so-called majority by the nation’s largest and most prominent employers.

File-State Rep. Laurel Libby, R-Auburn, will speak with a colleague on February 14, 2023 at the State Capitol Building in Augusta, Maine. (AP Photo/Robert F. Bukati, File)

Joined by Judge Neil Gorsuch, Thomas referenced a brief statement submitted by First Legal, a conservative organization established by Trump’s aide, Stephen Miller, noting that “American employers are increasingly ‘obsessed’ with ‘diversity, equity, and inclusion’ initiatives and affirmative action plans.”




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Two years prior, the conservative majority on the court prohibited the consideration of race in university admissions. Since taking office in January, President Donald Trump has directed efforts to end DEI policies, with the federal government moving to eliminate support for DEI initiatives elsewhere. Some of the new administration’s anti-DEI efforts were temporarily blocked in federal court.

Jackson’s opinion did not address these prior cases but concentrated on Ames’ assertion that she was passed over for a promotion and demoted due to her heterosexuality, with the positions she sought and held being awarded to LGBTQ individuals.

Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on sex. Courts, including the Sixth U.S. Circuit Court of Appeals, had previously ruled against Ames.

The Sixth Circuit was one of the courts applying extra criteria for cases like Ames’, requiring “background information” or statistical evidence of discriminatory patterns affecting majority groups, in which LGBTQ individuals were involved in decisions affecting Ames.

However, Jackson stated that “this added ‘background’ requirement is not aligned with case law interpreting Title VII.”

Source: apnews.com

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