SCOTUS eases burden in proving reverse discrimination

The U.S. Supreme Court (SCOTUS) recently issued its long-awaited decision in a case involving a reverse discrimination claim by a heterosexual employee. It’s good news for employees seeking to file claims under Title VII of the Civil Rights Act of 1964.

Alleged preference for gays

Marlean Ames is a heterosexual woman who works for the Ohio Department of Youth Services. Life was good, and she received several promotions. But then, life wasn’t too good. She applied for a new position, but management rejected her in favor of a lesbian woman.

Them the breaks? Apparently not really because a few days after getting rejected, Ames was demoted back to the first position she held at the agency. And, her former position was filled—you guessed it—by a gay man.

Not believing in coincidences, Ames sued under Title VII alleging she was unlawfully discriminated against because of her sexual orientation, which SCOTUS has held is a form of sex discrimination.

Lawsuit tossed!

To establish a minimally sufficient discrimination claim under Title VII, employees generally must prove they’re members of a protected class, they were qualified for the job in question, they experienced an adverse employment action, and similarly situated individuals outside their protected class were treated more favorably.