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Unanimous Supreme Court Affirms that There Is No ‘Good’ Discrimination

  • On Thursday, the Supreme Court unanimously ruled that Marlean Ames, a heterosexual woman, need not meet a higher evidentiary standard than gay colleagues to prove workplace discrimination by the Ohio Department of Youth Services.
  • The case arose after Ames was denied a promotion in 2019 and subsequently demoted in favor of two less experienced gay candidates, with lower courts applying a 'background circumstances' rule that required majority-group plaintiffs to meet a higher burden to prove discrimination.
  • Justice Ketanji Brown Jackson authored the Court's opinion, emphasizing that Title VII protects all individuals equally regardless of majority or minority status, and the Court rejected the Sixth Circuit’s additional evidentiary standard as unconstitutional.
  • Justice Clarence Thomas joined the opinion and filed a concurrence warning against judicial creation of atextual legal rules like the 'background circumstances' test, which the Court struck down as inconsistent with Title VII's plain text.
  • The ruling, reversing lower courts, affirms that reverse discrimination is unlawful, potentially impacting future claims and challenging the use of diversity programs that dismiss majority-group discrimination claims.
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The Pennsylvania Daily Star broke the news in on Thursday, June 5, 2025.
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