The Supreme Court is taking up the case of an Ohio woman who claims she suffered sex discrimination in her employment because she is straight.

The justices on Friday agreed to review an appellate ruling that upheld the dismissal of the discrimination lawsuit filed by the woman, Marlean Ames, against the Ohio Department of Youth Services. Arguments probably will take place early next year.

Ames, who has worked for the department for 20 years, contends she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the one she had held were given to LGBTQ people.

  • @800XL
    link
    252 minutes ago

    this is a call for all athiests, muslims, hindus, buddhists, satanists and the like should to apply at christian run businesses and be open about their religion (or lack thereof) at the interviewing. Then sue when they aren’t hired, or f they are hired and get fired for not participating in the in-offtce christian pagentry.

  • Nougat
    link
    fedilink
    527 hours ago

    More likely that she was demoted for being a bigot than for being heterosexual.

  • @SelfProgrammed
    link
    558 hours ago

    The tail end of the article:

    People alleging workplace bias have to show “background circumstances,” including that LGBTQ people made the decisions affecting Ames or statistical evidence showing a pattern of discrimination against members of the majority group.

    The appeals court noted that Ames didn’t provide any such circumstances.

    • @njm1314
      link
      27 minutes ago

      This supreme court has shown time and time again that they don’t actually care about evidence. They’ll just make it up.

    • doc
      link
      fedilink
      316 hours ago

      So, in other words, SCOTUS took the case to invent something entirely unrelated in order to rollback 40 years of progress. Got it. I’ll look forward in dread for the outcome in 9 months.

      • Omega
        link
        84 hours ago

        LGBTQ+ will only legally be allowed to promote straight people going forward.

        Or they’ll make the correct decision that there is no basis, and they’ll get praised for making a rational decision (in a 7-2 ruling).

        Republicans really do get praised for almost doing the bare minimum.

  • @Sgt_choke_n_stroke
    link
    319 hours ago

    This reeks of old people/Karen privilege. Just hoist yourself up by your bootstraps, print out a resume, shake the managers hand and ask for a job.

  • @FlowVoid
    link
    English
    29
    edit-2
    9 hours ago

    Key detail:

    The question for the justices is that the 6th Circuit and several other appeals courts apply a higher standard when members of a majority group make discrimination claims.

    So the SCOTUS won’t be deciding whether she was discriminated against, they will be deciding how courts should decide whether she was discriminated against.

    • @[email protected]
      link
      fedilink
      English
      199 hours ago

      That’s what they do. They’re an appeals court, they don’t decide on facts of the case.

      • @FireTower
        link
        110 minutes ago

        Exactly. People forget this about our appellate courts too often. For every can they hear there will be much more lower trial courts hear and will try and relate to the higher court’s case. An appellate court trying to solve every case in front of them in the most fair way ensures more cases will end unfairly.

    • @yesman
      link
      -69 hours ago

      Corporate has asked me to tell the difference between these two pictures…

  • aramis87
    link
    fedilink
    148 hours ago

    she suffered sex discrimination in her employment because she is straight.

    That’s not sex discrimination. Sex discrimination is when you’re discriminated against because of your sex - you know, like how they didn’t let women be doctors or lawyers or run marathons and stuff. This is (possibly) orientation discrimination, which is also absolutely a thing, but I feel like she should lose simply because she’s claiming the wrong thing.

    • AmidFuror
      link
      fedilink
      448 hours ago

      Orientation discrimination has been ruled to be sex discrimination. This gives protection to people in states where orientation is not itself a protected class.

      The rationale is that if there is discrimination against a woman for dating other women, that is sex discrimination because a man would not face similar consequences for dating a woman.

      • @Rekhyt
        link
        112 minutes ago

        Yeah, and the justice who wrote that opinion was Ruth Bader Ginsburg, and it’s a great read.

  • kiku
    link
    fedilink
    179 hours ago

    I guess if they rule in her favor, they are also ruling that LGBTQ people cannot face the same type of discrimination in the workplace.

    • AmidFuror
      link
      fedilink
      148 hours ago

      Yes. It should work both ways. Heterosexuals should be protected as much as bisexuals, pansexuals, homosexuals, etc. That’s the way the law is intended.

      Whether her claims have merit is another story. I am very skeptical, but it is at least possible in principle.

    • @Hikermick
      link
      57 hours ago

      Yeah or she just failed to prove she was discriminated against

    • @andrewta
      link
      98 hours ago

      If she can demonstrate that she was denied a promotion or was demoted based on her sex or her orientation then she should win. Discrimination is against the law.

      • @[email protected]
        link
        fedilink
        77 hours ago

        Although if she’s conflating her orientation class with her just being a fucking asshole she should lose.

        • @andrewta
          link
          22 hours ago

          How would one show that in a court room?

          • @[email protected]
            link
            fedilink
            English
            21 hour ago

            Doesn’t really matter, either she can prove her case or she can’t. If she can’t, no one has to prove it was because she was an asshole.

          • @Podunk
            link
            32 hours ago

            You normally dont have to wait long when thats the case.