The Supreme Court on Wednesday appeared poised to side with an Ohio woman in her bid to revive a lawsuit alleging "reverse discrimination" after she said she was denied a promotion and demoted because she is straight.
The case, known as Ames v. Ohio Dept. of Youth Services, centers on what a plaintiff alleging a violation of Title VII of the Civil Rights Act must show to make an initial case of employment discrimination.
Marlean Ames, the woman who brought the case, argues that a "background circumstances" requirement adopted by some lower courts unfairly imposes a higher burden on her as a heterosexual woman. The standard requires plaintiffs who are members of a majority group to put forth more evidence than those in a minority group in order for their case to proceed.
Ames seems likely to prevail in her effort to have her case restored, with most — if not all — of the justices appearing to agree with her argument that federal employment law does not require her to meet a higher bar just because she is a member of a majority group as a heterosexual woman. The Supreme Court could send the case back to the lower courts for additional proceedings.
Justice Amy Coney Barrett said that regardless of whether Ames is gay or straight, "she would have the exact same burden" and be treated the same under Title VII. Justice Brett Kavanaugh told Xiao Wang, who argued on behalf of Ames, that they want the court to write an opinion that says "the rules are the same."
Even Justice Sotomayor thinks the heterosexual woman has a case here.
