The U.S. Supreme Court appears ready to lower the legal threshold for workplace discrimination lawsuits filed by individuals from majority groups, as justices weighed an appeal from an Ohio woman who claims she was denied a promotion and later demoted due to her sexual orientation.
Marlean Ames, a 60-year-old employee of Ohio’s Department of Youth Services, is challenging a decision by the 6th U.S. Circuit Court of Appeals, which ruled against her claims of discrimination. The justices—both liberal and conservative—seemed inclined to overturn that ruling and send the case back for further review.
Ames alleges that she was passed over for a promotion in 2019 in favor of a less-qualified gay woman and later demoted in favor of a gay man. Her lawsuit, filed in 2020, seeks financial damages.
The case has broader implications, as a ruling in Ames’ favor could make it easier for majority-group employees—including white and heterosexual workers—to bring discrimination claims under Title VII of the Civil Rights Act of 1964. Some courts have required plaintiffs from majority groups to provide additional proof of discrimination, arguing that bias against them is less common. Ames’ legal team argues that this standard unfairly imposes a higher burden of proof based on group identity rather than individual circumstances.
During arguments, the U.S. Justice Department warned that maintaining this elevated threshold could prevent legitimate claims from advancing. Justices also questioned whether Ohio’s position would result in an unnecessary barrier to workplace discrimination lawsuits.
A ruling in Ames’ favor would mark a significant legal shift, particularly amid ongoing national debates over diversity policies in hiring and promotions.
