The Supreme Court adds reverse discrimination case to its next session

The Supreme Court could shift the necessary standards for consideration of workplace discrimination lawsuits in the upcoming term, which could impact future discrimination cases.

On Oct 4., the Supreme Court announced that it would review a workplace discrimination case in Ohio. Marlean Ames, a straight woman, sued the Ohio Department of Youth Services, her employer of 20 years, under Title VII of the Civil Rights Act of 1964, claiming she was denied promotions and demoted because of her sexual orientation, NBC News reported.

The state claims that Ames was passed over for promotions and demoted due to restructuring and a perception that she was “difficult” to work with, not because of her sexual orientation.

Lower courts previously ruled against Ames, saying she hadn’t proved the discrimination required to move forward with the case. But Ames’ lawyers argue that standing precedent is unfair. Several courts rule that plaintiffs from a “majority group” must meet a higher standard when making discrimination claims in order for a case to proceed. In this case, the plaintiff needed to show how her straight identity impacted her at work, prove a pattern of discrimination against the majority group, and show that the primary decision makers were members of the minority group, according to the Associated Press.

However, the Sixth US Circuit Court of Appeals did not find evidence of these factors in Ames’ case, noting that while her direct supervisor was a lesbian, those making personnel decisions were straight.

“Ames’s failure to introduce any evidence on this point means that no matter how the Court answers the question presented her discrimination claim would still fail at the prima facia stage,” the state argued.

There are several workplace DE&I lawsuits currently moving through the courts; an Ames victory could give validation to those filed by white and straight workers, and could impact other DE&I initiatives, Reuters reported.