Employment Discrimination

Supreme Court Strikes Down Reverse Discrimination Standard

The Supreme Court unanimously reversed a lower court ruling dismissing Marlean Ames’ reverse discrimination lawsuit against her employer, the Ohio Department of Youth Services. The Court found that a stricter evidentiary standard applied to majority-group plaintiffs, requiring proof of “background circumstances,” is inconsistent with Title VII of the Civil Rights Act. This decision eliminates this heightened burden for reverse discrimination claims in several federal appellate court jurisdictions. The case was remanded for further proceedings, effectively making it easier to pursue such claims in those jurisdictions. Justice Thomas, in a concurring opinion, criticized the discriminatory nature of the “background circumstances” rule.

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