The U.S. Supreme Court recently declined to hear a reverse discrimination and retaliation case brought by two white police officers who opposed a diversity initiative.
The two former Michigan State Police officers claimed they were demoted and fired, respectively, in retaliation for complaining about their employer's diversity initiative and alleged double standards in disciplining employees.
The police agency said the former officers were disciplined because of their misconduct in handling a transfer of another employee. The U.S. District Court for the Western District of Michigan ruled in favor of the agency in December 2021.
The Supreme Court's decision lets the district court's ruling stand. The lower court's ruling sheds light on when white employees can or cannot claim reverse discrimination.
Under federal law, "the prohibition against discrimination includes discrimination against white employees and applicants. In effect, this means that everyone is in a protected category when it comes to race and gender," said Cara Crotty, an attorney with Constangy, Brooks, Smith & Prophete in Columbia, S.C.
Background
In 2019, the new director of the Michigan State Police emphasized that diversity was a priority for the agency. In 2020, the Michigan State Police staff was 89.5 percent white and 91 percent male, and 71 out of the 77 first lieutenant posts were held by white males, according to court documents. At a staff meeting, the two plaintiffs said the agency's...
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