A request for a flat woman’s discrimination is likely to prevail with Scotus reprimand with a lower court: an expert

Supreme Court It seems that he is ready to rule in favor of the request for the discrimination of a direct woman in a case that he could cancel the precedent line, which “applied the Civil Rights Affairs unequal”, according to a legal scientist, introduced to civil rights litigation.

Molbe Molbe Marlean Ames claims that she was demolished and moved to a place in the Youth Ih repair system in the benefit of two less qualified gay employees who did not apply or apply or interview the roles.

In her case, there is a greater burden of proof that some lower courts required for those that are considered to be “majority groups” – in this case heterosexuals – to prove discrimination in accordance with the title VII of the Civil Rights Act.

During Wednesday Oral arguments, Justices – and lawyers on both sides of the dispute – everyone agreed that the appeal court was wrong in Ames’s case, which required him to provide additional “background circumstances” to “support the suspicion that the defendant is this unusual employer who discriminates most.”

Justice Brett Kavanaugh said on Wednesday, all the court really needs to do is “a really short opinion that says discrimination based on sexual orientation, whether you are gay or because you are straight, is forbidden, and the rules are the same.”

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At one point during the argument, General lawyer Ohio Elliot Gaiser – discussing on behalf of Ohio Youth Services Department – Confused Liberal Justice Elena Kagan when he agreed that “the idea of ​​holding people to different standards because of their protected characteristics is wrong.”

“I mean, that’s a slightly unusual situation, isn’t it, because the court said that,” Kagan said. “And you are here and I don’t know exactly what of this.”

Gaiser said he agreed with Ames “About this main assumption”, but “we don’t think Mrs. Ames has shown enough evidence to show a discrimination claim.”

“I think we had six deposits under the oath, if you cannot show any evidence that the employer is motivated by a protected characteristic when they have taken an unfavorable action, and surely, if you cannot show an unfavorable action at all, it is not enough to create the burden of production for the employer,” Gaiser said. “And this sample sample was approved by four elements that amounted to McDonnell Douglas, the courts adapted it under the leadership of this court.”

The precedent in question is McDonnell Douglas Corp. Against Green, a 1973 case in which the High Court established a four-step proceedings for the treatment of discrimination on the basis of indirect evidence. Gaiser told Justices that Ames did not fill in the criteria set by these tests, even if the application of the precedent appeal was wrong.

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The “higher burden of proving” in the center of the case, which decides to report several circular courts, “is not supported by the text of the VII title,” said Giancarlo Canaparo, a senior legal expert in Heritage Foundation, for Fox News Digital in an interview.

“It was also somewhat still, an ideological movement that says the text Civil Rights Law, Not Just Title VII, All of It Applies to Everybody Equally, But Really Meant to Give Special Protection to Certain Group, and Its Protection Doesn’t Apply To O O OR GROUPS, “Canaparo Said.” Circuit and Others, That Says if You’re a Majority Group, You’re Surmmine Entitled to Less Protection, and So you have this dispatches Standard. “

Canaparo said that during the oral arguments “quite all, except perhaps justice Jackson, said,” Look, the text is what it is. It’s really clear. “

He also said that Ohia’s goal was to raise the standard for everything, making it difficult to apply for discrimination. According to the current McDonnell Douglas frame, prosecutors only need to present minimal preliminary evidence that suggests discrimination, after which employer He has to prove a legitimate reason for the release of employees, Canaparo said.

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“Now that sounds good in theory, but as it actually succeeds is that a evidence that has to be exposed to a lot of prosecutors in the first instance so low that what is functionally happening in many cases is that the defendant, the employer must prove his innocence,” he said.

Gaiser’s proposal, according to Canaparou, is to increase the initial burden of the plaintiff so that they must present a stronger case before the employer must defend themselves, retaining the same standard for everyone.

“I think Ames will win, but that means a few things. Number one, it means that they are traditionally created doctrines that make the Civic Rights Act unevenly on the way out,” he said.

This approach is expected to have significant consequences per second Trump’s expressionEspecially when the President issued executive actions to remove discriminatory policies Dei, he added.

“I think it will have a rather powerful effect below the designing of the Earth according to a colored understanding of the law,” he said.

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Meanwhile, Andrea Lucas, the acting chairman of the Chairman of the Equally Employment Opportunities, wrote in a post on the X that “a neutral standard on which Scotus is likely to land in Ames”, which is already applied “and has been” for decades. “

“@Useeoc unanimously signed @Thejusticept’s Smart in Ames. Don’t wait for Scotus’ opinion – alignment with the title VII,” she wrote.

On Thursday, Lucas said in a telephone interview with Fox News Digital that “EOC never held that position” demanding a reinforced background test for a “majority” prosecutor or group.

“The position of the EOC is that these background circumstances test the conflict with the McDonnell Douglas standard. He is in conflict with the precedent of the Supreme Court,” Lucas said. “We already had political and implementing positions we took for decades.”

Ames started working on Ohio The 2004 Youth Services Department as an Executive Secretary, who supervises the rehabilitation of juvenile offenders. Since 2009, it has been promoted several times, and by 2014 it has been promoted to the program administrator, according to the Supreme Court submission.

In 2017, Ames began to report on the new supervisor, Gina’s trim, which is openly gay. During his examination of the 2018 effect, the trim Ames rated as if he met expectations in most areas and exceeded them in one.

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However, in 2019, after Ames signed up for the main office and did not receive it, it was removed from the role of its program administrator, the Court said. Assistant Director of the Department and Head of HR, both direct, offered her a choice to return to her previous job with a decrease in wages. Ames decided to stay with the department and later promoted to a different place of the program administrator. The department then hired a gay woman for the lead role of the Bureau who Ames wanted, and a gay man for the post of administrator of the program he had previously held.

In the apparent double -sided agreement on the fundamental controversy, Elizabeth Prelogar, the USA General USA Biden administration, In December, he filed a short amicus, urging the Supreme Court to leave the judgment of the appealing court.

The Supreme Court is expected to announce its verdict by the end of June.