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Supreme Court Poised to Rule on Straight Woman’s Discrimination Claim, Potentially Reshaping Employment Law
The Supreme Court appears to be on the verge of issuing a landmark ruling in a discrimination case brought by a straight woman, Marlean Ames, against the Ohio Department of Youth Services. Legal scholars familiar with civil rights litigation suggest that the Court’s decision could overturn existing legal precedent that has led to inconsistent application of the Civil Rights Act, specifically Title VII, in discrimination cases.
Ames alleges that she experienced discriminatory treatment within the Ohio youth corrections system. She claims she was unfairly demoted and passed over for a bureau chief position in favor of two less-qualified gay employees. Importantly, these employees reportedly did not even apply or interview for the positions they ultimately received.
At the heart of the case is the question of whether a higher burden of proof should be applied to individuals considered to be part of a "majority" group – in this instance, heterosexuals – when they bring discrimination claims under Title VII of the Civil Rights Act. Some lower courts have required plaintiffs from majority groups to provide additional evidence beyond what is typically required to demonstrate that discrimination occurred.
During oral arguments before the Supreme Court, justices from across the ideological spectrum, as well as the lawyers representing both sides of the dispute, appeared to agree that the appeals court erred in Ames’ case. The lower court had required Ames to provide additional "background circumstances" to "support the suspicion that the defendant is that unusual employer who discriminates against the majority." This heightened standard is being challenged as inconsistent with the intent and text of Title VII.
Justice Brett Kavanaugh, a Trump appointee, suggested during the arguments that the Court could resolve the case with a concise ruling. He stated that discrimination based on sexual orientation, "whether it’s because you’re gay or because you’re straight," is prohibited, and the legal standards should be applied uniformly to all individuals, regardless of their sexual orientation. Kavanaugh’s comments signaled a potential consensus on the Court to reject the application of different burdens of proof based on group status.
The Ohio Solicitor General, Elliot Gaiser, representing the Ohio Department of Youth Services, created a moment of perplexity during the oral arguments. He agreed with the general principle that holding people to different standards based on protected characteristics is wrong. This stance surprised Justice Elena Kagan, who noted the apparent contradiction between Gaiser’s argument and the existing legal framework that some courts have adopted.
While Gaiser conceded on this fundamental point, he maintained that Ames had not provided sufficient evidence to substantiate her discrimination claim. He argued that the depositions taken under oath did not demonstrate that the employer was motivated by a protected characteristic when making the adverse employment decisions. He also questioned whether an adverse action against Ames had even occurred and asserted that Ames had not met the criteria set forth in the governing precedent, McDonnell Douglas Corp. v. Green.
McDonnell Douglas Corp. v. Green, a 1973 Supreme Court case, established a four-step process for handling discrimination cases based on indirect evidence. This framework is commonly used in employment discrimination litigation. Gaiser argued that even if the appeals court’s application of the precedent was flawed, Ames still failed to meet the established criteria.
GianCarlo Canaparo, a senior legal expert at the Heritage Foundation, told Fox News Digital that the "higher burden of proof" applied by some circuit courts is not supported by the text of Title VII. He criticized an ideological movement that seeks to limit the protection of the Civil Rights Act to certain groups, rather than applying it equally to all individuals. Canaparo argued that this logic underlies the rule in the Sixth Circuit and other courts that affords less protection to those in a majority group.
Canaparo observed that during oral arguments, most of the justices, with the possible exception of Justice Jackson, seemed to acknowledge that the text of Title VII is clear and should be applied as written. He also suggested that Ohio’s underlying goal in the case might be to raise the overall standard for all discrimination claims, making it more difficult for any plaintiff to successfully sue.
Under the current McDonnell Douglas framework, plaintiffs need only present minimal preliminary evidence suggesting discrimination. The employer then bears the burden of proving a legitimate, non-discriminatory reason for the employment action. Canaparo argued that the evidentiary burden on plaintiffs is currently so low that employers often find themselves in the position of having to prove their own innocence.
Gaiser’s proposal, according to Canaparo, aims to raise the initial evidentiary burden on plaintiffs. Under his plan, plaintiffs would need to present a stronger case before the employer is required to mount a defense. He believes this approach would maintain an equal standard for all while balancing the rights of employers and employees.
Canaparo predicts that Ames will win her case, signifying the end of legal doctrines that lead to unequal application of the Civil Rights Act. He believes this shift could have significant implications, particularly in a second Trump term, where executive actions targeting discriminatory DEI policies could be further strengthened. He anticipates that the ruling will promote a "colorblind understanding of the law."
In contrast, Andrea Lucas, acting chair of the Equal Employment Opportunity Commission (EEOC), argued that the "neutral standard" that the Supreme Court is likely to adopt in Ames already exists and has been in place for decades. Lucas emphasized that the EEOC has consistently maintained that the heightened background circumstances test for majority plaintiffs conflicts with the McDonnell Douglas standard and Supreme Court precedent.
Lucas highlighted that the EEOC unanimously supported the Justice Department’s brief in Ames, urging employers to comply with Title VII now, regardless of the pending Supreme Court decision.
The case stems from Ames’ employment history with the Ohio Department of Youth Services, which began in 2004. She progressed through various roles, eventually becoming a program administrator in 2014.
In 2017, Ames began reporting to Ginine Trim, who is openly gay. In Ames’ 2018 performance review, Trim rated her as meeting or exceeding expectations. However, in 2019, after Ames applied for a bureau chief position and was not selected, she was removed from her program administrator role.
The department’s assistant director and HR head, both of whom are straight, offered Ames the choice to return to her previous job with a pay cut. She chose to remain with the department and was later promoted to a different program administrator position. Subsequently, the department hired a gay woman for the bureau chief role Ames had sought, and a gay man for the program administrator position she previously held.
Adding to the complexity, the Biden administration, through U.S. Solicitor General Elizabeth Prelogar, filed an amicus brief urging the Supreme Court to vacate the appeals court’s ruling, suggesting a bipartisan consensus on the need to clarify the application of Title VII.
The Supreme Court is expected to release its ruling in the Ames case by the end of June. The decision is likely to have far-reaching consequences for employment law and the interpretation of anti-discrimination statutes.
