The Supreme Court is taking up the case of an Ohio woman who claims she suffered sex discrimination in her employment because she is straight.
The Supreme Court is taking up the case of an Ohio woman who claims she suffered sex discrimination in her employment because she is straight.
The justices on Friday agreed to review an appellate ruling that upheld the dismissal of the discrimination lawsuit filed by the woman, Marlean Ames, against the Ohio Department of Youth Services. Arguments probably will take place early next year.
Ames, who has worked for the department for 20 years, contends 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.
People alleging workplace bias have to show “background circumstances,” including that LGBTQ people made the decisions affecting Ames or statistical evidence showing a pattern of discrimination against members of the majority group.
The appeals court noted that Ames didn’t provide any such circumstances.
So, in other words, SCOTUS took the case to invent something entirely unrelated in order to rollback 40 years of progress. Got it. I'll look forward in dread for the outcome in 9 months.
The question for the justices is that the 6th Circuit and several other appeals courts apply a higher standard when members of a majority group make discrimination claims.
So the SCOTUS won't be deciding whether she was discriminated against, they will be deciding how courts should decide whether she was discriminated against.
Exactly. People forget this about our appellate courts too often. For every can they hear there will be much more lower trial courts hear and will try and relate to the higher court's case. An appellate court trying to solve every case in front of them in the most fair way ensures more cases will end unfairly.
this is a call for all athiests, muslims, hindus, buddhists, satanists and the like should to apply at christian run businesses and be open about their religion (or lack thereof) at the interviewing. Then sue when they aren't hired, or f they are hired and get fired for not participating in the in-offtce christian pagentry.
This won't work because christofascists don't give a fuck about being hypocrites. In their minds, they're on a divine mission from God to impose their religion on everyone else. Nothing is off limits when you're being commanded to do it by God himself.
That's the point tho. If a homophobe sets prescedent, use that to your advantage. Thru the years the SC wouldn't hear certain cases because they didn't want to set precedent
she suffered sex discrimination in her employment because she is straight.
That's not sex discrimination. Sex discrimination is when you're discriminated against because of your sex - you know, like how they didn't let women be doctors or lawyers or run marathons and stuff. This is (possibly) orientation discrimination, which is also absolutely a thing, but I feel like she should lose simply because she's claiming the wrong thing.
Orientation discrimination has been ruled to be sex discrimination. This gives protection to people in states where orientation is not itself a protected class.
The rationale is that if there is discrimination against a woman for dating other women, that is sex discrimination because a man would not face similar consequences for dating a woman.
Yes. It should work both ways. Heterosexuals should be protected as much as bisexuals, pansexuals, homosexuals, etc. That's the way the law is intended.
Whether her claims have merit is another story. I am very skeptical, but it is at least possible in principle.
I honestly cannot imagine a competent employee being demoted. I can imagine positions in Youth Services that might (might) be better filled by someone gay, like gay youth programs, the "it gets better" is more convincing from someone for whom it actually got better, for instance.
You may have a limited imagination in this regard. Pettiness can be a strong motivator when it comes to office politics. And competence is often enough a triggering factor.
Senior staff will smother perceived competition in order to maintain the stability of their job position.
Not saying it is so here, but it definitely is a common enough situation in general.
If she can demonstrate that she was denied a promotion or was demoted based on her sex or her orientation then she should win. Discrimination is against the law.