Discrimination: Expanding the definition
The Supreme Court ruled in favor of a straight woman who sued her gay boss for discrimination

"Reverse discrimination" lawsuits will now be "easier to bring," said Noah Feldman in Bloomberg. The Supreme Court last week ruled unanimously in favor of a woman who argued she was discriminated against for being straight. In Ames v. Ohio, Marlean Ames claimed her gay boss at the Ohio Department of Youth Services promoted a lesbian with less experience over her. She was later demoted and replaced by a gay man with less seniority. Ames argued these actions constituted discrimination under Title VII of the Civil Rights Act, but an appeals court said that as a member of a majority group—straight people—she faced a higher standard to prove her claim. The Supreme Court disagreed. Liberal Justice Ketanji Brown Jackson, the court's first Black female justice, explained in the opinion that the law doesn't vary "based on the identity of the person alleging discrimination." The ruling might "seem like a win for conservatives," but by affirming that all forms of bias violate Title VII, it's a victory for "the rule of law."
Actually, the ruling makes it clear there is "no such thing" as "reverse discrimination," said Charles C.W. Cooke in National Review. Liberals think "only members of the majority can be racist or bigoted," insisting that whites and heterosexuals are so privileged they can't suffer discrimination. But Title VII doesn't "prohibit discrimination in a particular direction." It simply prohibits discrimination, "irrespective of which immutable characteristics" an individual exhibits. DEI is "almost universally loathed by normal people," and the court just caught up to public opinion.
This decision was "correct in theory," said Elie Mystal in The Nation, but it clears "the way for a flood of 'reverse discrimination' lawsuits." Emboldened by President Trump, white people are blaming anti-white discrimination "every time a non-white person is hired or promoted." This ruling "is like hanging an 'Open for Grievances' sign on every federal courthouse." But the clarified standard "does not make it easier for white or straight plaintiffs to win discrimination claims," said Robyn Nicole Sanders in Slate. It merely establishes the same standard for illegal discrimination against any person on the basis of race, sexual orientation, or other protected traits. It's tempting to see every ruling "through the lens of gain or loss, progressive or conservative," but we shouldn't "let our fears of bad faith obscure a rare moment of doctrinal clarity."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
July 5 editorial cartoons
Cartoons Saturday’s political cartoons include an extrajudicial detainment camp, 'alligator Alcatraz', and tax cuts for billionaires.
-
5 explosively funny cartoons about the 4th of July
Cartoons Artists take on liberty and justice for all, a terrifying firework, and more
-
Jeff in Venice: a "triumph of tackiness"?
In the Spotlight Locals protest as Bezos uses the city as a 'private amusement park' for his wedding celebrations
-
U.S. v. Skrmetti: Did the trans rights movement overreach?
Feature The Supreme Court upholds a Tennessee law that bans transgender care for minors, dealing a blow to trans rights
-
Trump's strikes on Iran: a 'spectacular success'?
In Depth Military humiliations 'expose the brittleness' of Tehran's ageing regime, but risk reinforcing its commitment to its nuclear program
-
Supreme Court lets states ax Planned Parenthood funds
Speed Read The court ruled that Planned Parenthood cannot sue South Carolina over the state's effort to deny it funding
-
'If smoke can affect health early in life, it also can affect life's end'
Instant Opinion Opinion, comment and editorials of the day
-
Supreme Court clears third-country deportations
Speed Read The court allowed Trump to temporarily resume deporting migrants to countries they aren't from
-
RFK Jr.: How to destroy vaccination
Feature Robert F. Kennedy Jr. replaces all 17 members of the federal Advisory Committee on Immunization Practice
-
ICE: Targeting essential workers
Feature After a brief pause, the Trump administration resumes its mass deportation plan
-
'No Kings': A turning point for the resistance?
Feature Millions of Americans nationwide took to the streets to protest against the Trump administration