The Supreme Court case, Ames v. Ohio Department of Youth Services, addressed an illegal rule that imposed a higher burden of proof on majority-group plaintiffs alleging workplace discrimination. This rule, present in some courts since 1981, required majority-group plaintiffs to demonstrate ābackground circumstancesā suggesting discriminatory intent by the employer, a requirement not placed on minority-group plaintiffs.
Justice Ketanji Brown Jackson's unanimous opinion overturned this rule, citing the 1976 McDonald v. Santa Fe Trail Transportation Co. case, which established that federal law prohibits racial discrimination against whites under the same terms as against non-whites. The Court deemed the rule inconsistent with federal law which mandates equal protection for all individuals, regardless of group membership.
The plaintiff, Marlean Ames, a straight woman, alleged discrimination based on sexual orientation after being passed over for a promotion and subsequently demoted. While the Court did not rule on the merits of her discrimination claim, it focused on the procedural unfairness of the ābackground circumstancesā rule.
The ruling eliminates a discriminatory practice that had existed for decades. The Court clarified that all plaintiffs, regardless of group status, are entitled to equal treatment under federal employment discrimination laws. The decision highlights the importance of consistent application of anti-discrimination laws, ensuring fairness and equal protection for all.
On Thursday, the Supreme Court handed down a raft of mostly unanimous opinions, three of which reached a conservative outcome despite the fact that they were each written by Democratic justices. Sometimes, the law in a case is clear.
Ames v. Ohio Department of Youth Services, authored by Biden-appointed Justice Ketanji Brown Jackson, was the first of these three cases. It involved a clearly illegal ābackground circumstancesā rule. This rule imposes a slightly higher burden on members of majority groups ā such as white people, straight people, or Christians ā who allege workplace discrimination compared to members of minority groups who bring similar claims.
As Jackson writes in her opinion, this disparate treatment of majority-group plaintiffs is not allowed. She quotes the Supreme Courtās opinion in McDonald v. Santa Fe Trail Transportation Co. (1976), which held that the federal law governing employment discrimination prohibits āracial discrimination in private employment against whites on the same terms as racial discrimination against nonwhites.ā
The plaintiff in Ames alleged discrimination based on sexual orientation, rather than race. Marlean Ames is a straight woman who was passed over for a promotion that was ultimately filled by a lesbian candidate. She was later demoted and replaced in her previous role by a gay man. She claims that she was discriminated against because she is straight.
Neither the lower courts that heard this case nor the Supreme Court, however, actually determined whether Ames is a victim of anti-straight discrimination. Instead, both the trial court and an appeals court, the United States Court of Appeals for the 6th Circuit, ruled against Ames because of an unusual rule applied by the 6th Circuit and a few other courts.
Under this rule, the plaintiff loses their case unless they can show, at a fairly early stage, ābackground circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.ā This obligation applies only to majority-group plaintiffs.
This rule is not consistent with federal law. In addition to quoting the McDonald opinion, Jackson also quotes the law banning workplace discrimination, which makes it illegal āto fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employmentā due to factors including race, religion, sex, and more.
This language treats all plaintiffs exactly the same, regardless of their majority or minority status. In Jacksonās words, āby establishing the same protections for every āindividualā ā without regard to that individualās membership in a minority or majority group ā Congress left no room for courts to impose special requirements on majority-group plaintiffs alone.ā
Indeed, Ames is such a straightforward case that it is baffling that the 6th Circuitās ābackground circumstancesā rule, which has existed in some courts since 1981, survived as long as it did. McDonald, after all, has been the law for nearly half a century, and it was decided before any lower court embraced the ābackground circumstancesā rule.
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