The United States Supreme Court has revived a lawsuit filed by Marlean Ames, an Ohio woman who claims she was denied an employment opportunity because she is heterosexual.
In a unanimous opinion issued Thursday, the Court ruled in Marlean Ames v. Ohio Department of Youth Services that a lower court’s decision against Ames should be reconsidered. Justice Ketanji Brown Jackson authored the opinion, criticizing an earlier appeals court ruling that dismissed Ames’ complaint based on the “background circumstances” rule.
Jackson stated, “We hold that this additional ‘background circumstances’ requirement is not consistent with Title VII’s text or our case law construing the statute,” and concluded, “Accordingly, we vacate the judgment below and remand for application of the proper prima facie standard.”
Jackson emphasized that the previous ruling by the Sixth Circuit wrongly used the “background circumstances” standard, which she found incompatible with the law.
“The court then recounted how Ames was qualified, had been denied a promotion in favor of a gay candidate, and was later demoted in favor of another gay candidate — evidence that would ordinarily satisfy her prima facie burden — before it specifically faulted Ames for failing to make the ‘requisite showing of ‘background circumstances,’” Jackson continued.
Justice Clarence Thomas, joined by Justice Neil Gorsuch, also wrote a concurring opinion, cautioning against judge-made legal rules. He remarked, “Judge-made doctrines have a tendency to distort the underlying statutory text, impose unnecessary burdens on litigants, and cause confusion for courts,” citing the “background circumstances” rule as “one example of this phenomenon.”
The “background circumstances” rule requires that individuals from majority groups bear a heavier burden of proof to demonstrate that they faced discrimination based on identity.
Ames joined the Ohio Department of Youth Services in 2004 and held various positions over the years. After applying for a new position in 2019, she was denied. Soon after, she was demoted to a lower-paying position. The previous position was filled by a homosexual man, and the applied position was given to a homosexual woman.
Ames filed a discrimination claim, asserting her rights under federal law based on sexual orientation. In December 2023, a three-judge panel of the Sixth Circuit upheld a district court decision against her, stating she lacked sufficient evidence of “background circumstances” to establish her case and lacked evidence of pretext in her sex discrimination claim.
