Adam—SCOTUS just issue a unanimous opinion
that is sure to vex a lot of people, especially this month. Here’s a
quick rundown (short highlighted article attached).
Title VII outlaws discrimination based on sex. In 2020 (in Bostock v. Clayton County), SCOTUS ruled that this included discrimination based on sexual orientation.
In Title VII cases, the employee bears the initial burden of proof, and
must allege facts that create a “prima facie” inference that they were
victims of discrimination. (“Prima facie” means “at first sight” or
“based on first impression”—basically, it means you have enough to get
the ball rolling in litigation.)
In this case, a heterosexual woman claimed that the Ohio Youth Services Department discriminated against her because she is not LGBTQ+. The Sixth Circuit had ruled that heterosexuals must produce additional evidence demonstrating extra
“background circumstances” in order to establish this prima facie
case. By contrast, LGBTQ+ employees did not bear this burden.
SCOTUS unanimously rejected
the Sixth Circuit’s rationale, and said that Title VII contains no
carve-outs that make it harder for majority groups to claim
discrimination. It held that the Sixth Circuit was wrong, and now this
heterosexual woman’s case may proceed.
But it doesn’t stop with sexual orientation. This holding will echo
throughout employment-discrimination law—race, religion, sex,
national-origin, etc.—because it now makes clear that “reverse
discrimination” is the same as any other discrimination. And again,
this decision is unanimous.