The Supreme Court is in the news now more than ever, and its justices continue to make a big impact on employers.
Its Ames v. Ohio Department of Youth Services ruling was the most impactful employment law case from the 2024-2025 term, said Jennifer Shaw, an attorney with Shaw Law Group in Sacramento. Ames reinforced that Title VII of the Civil Rights Act of 1964 protects everyone from workplace discrimination, she noted in a session at SHRM25 in San Diego.
The decision could result in more discrimination claims from those in majority groups, said attorney Joe Beachboard of Beachboard Consulting Group in Los Angeles.
The Ames case involved a heterosexual woman who claimed she was denied a promotion and then later demoted in favor of less-qualified colleagues due to her gender identity. She asserted that she was singled out for being a member of the heterosexual majority group.
The Supreme Court ruled there was no higher burden of proof for members of majority groups than anyone else. The decision means companies need to consider possible litigation over employment decisions differently, Beachboard said. Employers must assess all of their employment decisions individually, rather than thinking this group of people or that group is or isn’t protected by equal employment opportunity (EEO) laws, Shaw added.
Additionally, continue to provide EEO training, but talk about how everyone is protected based on their sex, race, or gender identity, among other characteristics.
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