Justices resolved a split in how courts handle employment discrimination claims in a unanimous decision Thursday for the Supreme Court Litigation Clinic at the University of Virginia School of Law.
Professor Xiao Wang, the clinic’s director, presented oral argument in Ames v. Ohio Department of Youth Services on Feb. 26.
The appellant, Marlean Ames, alleged that the Ohio Department of Youth Services discriminated against her on the basis of sexual orientation and sex under Title VII of the Civil Rights Act of 1964. Ames, a heterosexual woman who was supervised by a gay woman, was denied a promotion and later demoted from her position. The promotion was filled by a gay woman, and a gay man replaced Ames in Ames’ former role. Both the District Court and U.S. Court of Appeals for the Sixth Circuit dismissed her claim before trial.
Attorney Edward Gilbert represented Ames before the trial court and before the Sixth Circuit, and was co-counsel as the case moved to the Supreme Court. Wang reached out to Gilbert to offer the clinic’s assistance following the Sixth Circuit decision.
The ruling ends differing practices in different circuits of federal appeals courts, some of which had required more evidence to prove discrimination when the plaintiff is not a member of a minority group.
In an opinion written by Justice Ketanji Brown Jackson, the court reversed the Sixth Circuit and held that the circuit court’s “background circumstances” rule — which requires members of a majority...
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