Nelson Mullins attorney, Josh Myers, wrote an article published by Bloomberg Law about an upcoming U.S. Supreme Court argument regarding Title VII discrimination claims.  The U.S. Supreme Court will hear oral arguments in Ames v. Ohio Department of Youth Services, U.S., No. 23-1039, on February 26, and it will decide whether to eliminate a heightened standard of proof used in Title VII discrimination claims for majority-group employees.

The "background circumstances" test, which requires majority-group plaintiffs to demonstrate additional evidence when filing employment discrimination claims, has been applied by some federal courts since 1976.  Marlean Ames, the plaintiff in the current case, argues that she was passed over for a promotion due to her sexual orientation and would have had a viable discrimination claim without the “background circumstances” requirement. 

The Supreme Court will decide if this extra burden on majority-group plaintiffs is consistent with Title VII's protections, which do not distinguish between racial or other protected groups.  A potential ruling could simplify some employment discrimination claims, making it easier for majority-group employees to pursue their cases without the added evidentiary hurdle.

Read the full article here.