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Supreme Court Strikes Down ‘Background Circumstances’ Rule, Revives Ames Discrimination Case

The court sent Marlean Ames’s suit back for a jury trial after ruling that majority-group plaintiffs must meet the same legal standard applied to minority claimants.

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Overview

  • In a unanimous opinion authored by Justice Ketanji Brown Jackson, the justices held that requiring extra proof from majority-group plaintiffs conflicts with federal anti-discrimination laws.
  • The ruling vacates and remands Ames’s suit against the Ohio Department of Youth Services, clearing the procedural hurdle that had barred her claim of heterosexual bias.
  • University of Virginia law professor Xiao Wang, whose clinic argued the case, underscored that equal legal standards can coexist with carefully tailored Diversity, Equity, and Inclusion initiatives.
  • Conservative organizations hailed the decision as a check on so-called reverse discrimination despite the court’s avoidance of that term in its opinion.
  • Legal analysts warn the precedent may encourage more discrimination lawsuits from majority-group employees and prompt companies to reassess their DEI policies.