Supreme Court Decision May Ease Path for Majority-Group Discrimination Cases
ICARO Media Group
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In a significant decision on Thursday, the Supreme Court has altered the landscape for discrimination lawsuits by removing a legal barrier that has previously hindered claims from majority groups such as white Americans and heterosexuals in the workplace. Despite this major change, experts predict the overall impact will be limited.
The ruling eradicated the so-called "background circumstances" rule, previously adopted by several appellate courts, which required white people and other majority members to demonstrate stronger evidence of discrimination than minority groups before advancing their case. With this obstacle removed, white, male, or straight plaintiffs are now expected to find it easier to bring forward their claims.
The case at the center of the ruling involved a straight woman who alleged she was denied two job positions in favor of gay colleagues. The Court's unanimous decision marked a win for her, sending the case back to a lower court for further proceedings. Stefan Padfield, executive director of the Free Enterprise Project, remarked that the risk for corporations facing reverse discrimination claims has now increased.
Camille Olson, an employment law expert, noted that even with the Supreme Court's guidance, the overall composition of discrimination cases is unlikely to change drastically, as minority-group members have historically filed the majority of these cases. According to 2021 data from the Equal Employment Opportunity Commission (E.E.O.C.), only about 2,350 of the approximately 21,000 race-based discrimination charges involved claims by white people.
Jocelyn Samuels, a former official with the E.E.O.C., emphasized that the ruling aligns with the agency’s historical stance that discrimination standards should be uniform regardless of group membership. However, the legality of corporate diversity policies themselves remains unchanged by the court's decision.
Chai Feldblum, another former E.E.O.C. commissioner, reiterated that employers should avoid directly discriminating against anyone under the guise of promoting diversity. The recent trend among companies has been to revise or eliminate diversity mandates, especially following the Supreme Court's 2023 opinion on affirmative action in higher education and the broader skepticism it reflected towards non-race-neutral policies.
In summary, while the decision lowers the barriers for majority-group plaintiffs to bring forth discrimination cases, experts suggest that it will not result in a significant surge in such claims. However, it signals to corporations the need to carefully navigate their diversity, equity, and inclusion strategies to avoid potential legal challenges.