Can we all just agree that discrimination in employment is just bad irrespective of whether one is in the majority or minority? Individual liberty and individual treatment are the paths to happiness.
Ames alleges her employer denied her a promotion and later demoted her, in both cases selecting gay candidates instead who were less qualified. Her supervisor at the time was also gay.
Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sex and sexual orientation.
The Supreme Court has said that plaintiffs bringing claims under Title VII must, as a first step, show a prima facie case — or initial set of facts that, if unexplained, plausibly amount to discrimination.
The Sixth Circuit U.S. Court of Appeals concluded that Ames didn’t meet that bar because — as a straight woman — she failed to show the necessary “background circumstances” necessary to show a plausible case of discrimination against her as a member of a majority group.
Ames argued the “background circumstances” requirement was an unfair added burden on her simply because she’s straight. Nearly all of the justices seemed to agree — even the attorney for the state of Ohio.
Sidebar: Nobody is questioning why gays are hiring only other gays to work in a Department of Youth Services.