U.S. Supreme Court applies Title VII standard of proof equally to all Plaintiffs
In a unanimous opinion issued today the U.S. Supreme Court in Ames v. Ohio Department of Youth Services overruled prior precedent - including in the Tenth Circuit - that previously held members of non-minority groups to a different burden of proof for discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. After Ames, courts may not impose a heightened burden on plaintiffs who are members of a majority group when asserting claims under Title VII of the Civil Rights Act of 1964. In Ames, Ms. Ames, a heterosexual woman, sued the Ohio Department of Youth Services after being passed over for a promotion and later demoted—alleging that she was discriminated on the basis of being a heterosexual female - for sexual orientation. The Sixth Circuit - like the Tenth Circuit Court of Appeals - had previously applied a “background circumstances” rule to such claims brought by member of a majority group which required t...