Good morning!
A
Supreme Court decision yesterday on a case of workplace discrimination could have major impacts on the
employment landscape and will affect HR departments across the country.
In a unanimous decision, the court sided with
Marlean Ames, a former Ohio state government employee who sued her employer after she was passed over for two promotions that went to gay coworkers instead. Ames argued that she was discriminated against for work opportunities because of her heterosexuality.
The case first appeared in the sixth circuit court, which ruled against Ames
citing the higher standard of proof for discrimination that must be met by members of
majority groups, such as men, white people, or heterosexual people. That higher standard is referred to as “background circumstances,” and plaintiffs must show additional supporting evidence that they were the victims of discrimination. But the Supreme Court’s ruled that the additional burden for people from majority groups is unconstitutional, and violates Title VII of the Civil Rights Act.
The decision wasn’t a surprise, and had been
anticipated by legal experts. But they tell
Fortune that the ruling will likely lead to more
reverse discrimination cases against employers in the near future.
“We should expect to see this trend continue, and see an uptick in these so-called reverse discrimination claims brought by men who are not members of historically disadvantaged groups,” Michael Steinberg, a labor and employment attorney at firm Seyfarth Shaw, tells
Fortune.The case comes at a particularly fraught time when it comes to the legal landscape of the workplace in general. A combination of the Supreme Court’s decision to overturn affirmative action and Trump’s executive orders targeting affirmative action have made companies extra cautious about their programs and protocols around diversity initiatives.
The Ames case was not centered on DEI policies, but two Supreme Court Justices, Clarence Thomas and Neil Gorsuch, specifically referenced DEI in their
opinions.
David Glasgow, executive director of the Meltzer Center for Diversity, Inclusion, and Belonging at New York University, says it’s the first instance, since Trump took office, that justices have put their stances around DEI in writing. And he adds it could “encourage potential plaintiffs to see shifts in the wind and then follow them right to bring future claims.”
You can read more about yesterday’s Supreme Court decision
here.
Brit Morsebrit.morse@fortune.com 