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The Supreme Court makes it easier to claim ‘reverse discrimination’ in employment, in a case from Ohio
By: Mark Sherman | AP
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WASHINGTON (AP) — A unanimous Supreme Court made it easier Thursday to bring lawsuits over so-called reverse discrimination, siding with an Ohio woman who claims she didn’t get a job and then was demoted because she is straight.
Two years ago, the court’s conservative majority outlawed consideration of race in university admissions. Since taking office in January, President Donald Trump has ordered an end to DEI policies in the federal government and has sought to end government support for DEI programs elsewhere. Some of the new administration’s anti-DEI initiatives have been temporarily blocked in federal court.
Federal agencies have moved quickly to implement Trump’s vision and shift priorities to reflect that mission, including rooting out discrimination against members of majority groups.
The head of the Equal Employment Opportunity Commission, responsible for enforcing workplace anti-discrimination laws, has pivoted the agency to focus on eliminating “all forms” of race discrimination, including those stemming from DEI initiatives.
At the same time, Acting Chair Andrea Lucas has moved to deprioritize cases involving discrimination against transgender workers, saying she rejects the idea that “civil rights exist solely to remedy harms against certain groups.”
Jackson’s opinion makes no mention of DEI. Instead, she focused on Ames’ contention that she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the one she had held were given to LGBTQ people.
Title VII of the Civil Rights Act of 1964 bars sex discrimination in the workplace. A trial court and the 6th U.S. Circuit Court of Appeals ruled against Ames.
The 6th circuit is among the courts that had required an additional requirement for people like Ames, showing “background circumstances” that might include that LGBTQ people made the decisions affecting Ames or statistical evidence of a pattern of discrimination against members of the majority group.
The appeals court noted that Ames didn’t provide any such circumstances.
But Jackson wrote that “this additional ‘background circumstances’ requirement is not consistent with Title VII’s text or our case law construing the statute.”
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Associated Press writer Claire Savage contributed to this report from Chicago.