A Straight Woman's Discrimination Claim Could Open the Door for Majority Groups

A woman's claim that she was discriminated against at work because she is straight could have significant implications for future discrimination lawsuits filed by individuals in "majority" groups, such as white people, heterosexual people, and men.

During oral arguments on Wednesday, Supreme Court justices appeared to agree with some of Marlean Ames's arguments in her pursuit to file a discrimination lawsuit against her employer, the Ohio Department of Youth Services. Ames claims that her boss, a gay woman, passed her over for a promotion and instead gave it to another, less qualified gay woman. She further alleges that she was then demoted and replaced by a less qualified gay man.

Justice Sonia Sotomayor expressed skepticism about the situation, noting Ames's strong performance reviews and the seemingly less qualified candidates who were promoted. "Something suspicious about that," she said, adding that it could "give rise to an inference of discrimination."

Currently, courts rely on "background circumstances" when reviewing discrimination cases involving majority groups. These standards require individuals in majority groups to prove that their employer is the "unusual one" that discriminates against them. However, the justices seemed to agree that applying higher standards to majority groups in discrimination cases is unfair.

If the court rules in favor of Ames, it could make it easier for white people to bring claims of racial discrimination against diversity, equity, and inclusion (DEI) policies. President Donald Trump has been vocal about his opposition to DEI, signing executive orders within his first days in office to dismantle DEI policies across federal agencies and departments.

While DEI was implemented to encourage participation from historically discriminated groups, many conservatives argue that it unfairly disadvantages individuals in majority groups and prioritizes characteristics over merit. The Supreme Court's decision in Ames v. Ohio Department of Youth Services, expected by summer, will have significant implications for future discrimination lawsuits and the role of DEI policies in the workplace.