The U.S. Supreme Court on Thursday sided with a woman who claimed she was denied a job and later demoted because she is straight.
The unanimous decision lowers the legal threshold for people from majority groups (e.g. white, male, straight employees) to bring “reverse discrimination” claims under Title VII of the Civil Rights Act. Until now, courts set a higher bar for members of a majority group claiming discrimination under federal law, requiring them to demonstrate “background circumstances.” That could include statistical evidence showing a pattern of bias against members of a majority group by the employer. Under the new ruling, plaintiffs are no longer required to provide said “background circumstances” to pursue litigation.
What does this mean for employers? Employers should prepare for a potential uptick in “reverse discrimination” cases. The Firm advises that employers maintain clear, contemporaneous documentation about hiring, promotion choices, and disciplinary actions. Also, ensure that programs meant to enhance inclusion do not exclude or penalize other groups.