XPost: law.court.federal, alt.discrimination, talk.politics.guns
XPost: sac.politics
The Supreme Court on Thursday unanimously ruled in favor of an Ohio woman
who wants to bring an employment discrimination claim against the state, alleging she was passed over for a job on the basis of her heterosexual orientation.
Justice Ketanji Brown Jackson delivered the opinion.
The plaintiff, Marlean Ames, alleges her employer, the Ohio Department of
Youth Services, denied her a promotion and later demoted her, in both
cases selecting gay candidates instead who were less qualified. Her
supervisor at the time was also gay.
Ames had worked for the Department for more than 15 years and received
sterling performance reviews.
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the
basis of sex and sexual orientation.
In order to bring a case in federal court, plaintiffs must initially
present a prima facie case -- Latin for "on the face of it" -- a legal
term to indicate that there are sufficient facts to support a claim.
Justice Jackson, writing for the court, said that Ames had been unfairly
held to a higher legal standard as a member of a majority group.
"The question in this case is whether, to satisfy that prima facie burden,
a plaintiff who is a member of a majority group must also show 'background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority,'" Jackson wrote, quoting
the decision from the Sixth Circuit Court of Appeals.
"We hold that this additional 'background circumstances' requirement is
not consistent with Title VII�s text or our case law construing the
statute. Accordingly, we vacate the judgment below and remand for
application of the proper prima facie standard."
The ruling means Ames' lawsuit can move forward, but it does not
necessarily mean she will succeed in her case against her former employer.
https://abcnews.go.com/Politics/supreme-court-rules-favor-ohio-woman- revive-reverse/story?id=122303629
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