Supreme Court to Revisit the Reverse Discrimination Standard in Ames v. Ohio Department of Youth Services

The U.S. Supreme Court recently granted certiorari in Ames v. Ohio Department of Youth Services, a case involving claims of reverse discrimination under Title VII of the Civil Rights Act of 1964. It looks like the heightened burden may be flattened out for good.

Marlean Ames, a heterosexual woman, alleges that she was demoted from her role as Administrator of the Prison Rape Elimination Act and passed over for a promotion in favor of gay colleagues, solely based on her sexual orientation. Ames contends that the Ohio Department of Youth Services favored homosexual candidates in making employment decisions, resulting in what she believes was discrimination against her as a member of the majority group. The central legal issue is whether Ames met the heightened evidentiary standard required to establish "background circumstances" in reverse discrimination cases, a threshold necessary to prove that the Department, as an employer, discriminates against majority group members. The Sixth Circuit ruled against Ames, and now the Supreme Court will consider whether the current legal standard for reverse discrimination claims should be upheld or revised.
The Civil Rights Act of 1964 was enacted to fulfill the Fourteenth Amendment’s promise of equal protection for all. Its promise should be enjoyed by all persons on equal footing.