- Posts by James D. Mackinson
Member of the FirmAttorney Jim Mackinson partners with employers to resolve all manner of workforce issues, in and out of the courtroom. Having served as in-house employment counsel for global financial and professional services firms, Jim sees his ...
Writing for a unanimous Court, Justice Ketanji Brown Jackson states that Title VII does not require a plaintiff who is a member of a “majority” group to present “additional background circumstances” as the lower court had held.
In Ames v. Ohio Department of Youth Services, petitioner Marlean Ames (“Ames”), a heterosexual woman, claimed that her employer, the Ohio Department of Youth Services, had passed her over for a promotion in favor of a less qualified gay woman. Soon after that, Ames claimed, the Department of Youth Services demoted Ames (and cut her pay) so that a gay man could fill the position rendered vacant by her demotion.
Ames brought suit under Title VII claiming that the Ohio Department of Youth Services had discriminated against her because of her sexual orientation. The District Court granted the Ohio Department of Youth Services summary judgment on the grounds that Ames failed to make a prima facie case of discrimination because “she had not presented evidence of [sufficient] background circumstances.” The lower court had found that, as a member of the “majority group,” i.e., heterosexuals, Ames needed to present evidence of “background circumstances” (referred to by the Court as the “background circumstances rule”) to establish that the defendant was the rare employer that would discriminate against the “majority” group.
Recent Updates
- Final Rules Dismantle Civil Rights Protections for Minorities, Women, Individuals with Disabilities, and Veterans
- U.S. Court of Appeals Decision Highlights Retaliation Risks During Employee Separations
- Fast Facts About the DOL Proposed Rule for Electronic Disclosures for ERISA Group Health Plans
- San Francisco Amends its Fair Chance Ordinance
- New Massachusetts Employer Notice Obligation