Courthouse Steps Oral Argument: Ames v. Ohio Department of Youth Services

Marlean Ames, a straight woman, was denied promotion and later demoted in her role at the Ohio Department of Youth Services by her lesbian supervisor. The position she sought and her former position were then given to a lesbian woman and a gay man respectively. This prompted Ames to file suit under Title VII of the Civil Rights Act of 1964, arguing that she was unlawfully discriminated against based on her sexual orientation because she is heterosexual. The Sixth Circut Court of Appeals affirmed the district court in holding that because Ames was part of the majority group, she had the additional requirement of demonstrating the "background circumstances" that the employer discriminates against majority group members.

The Supreme Court agreed to hear the case to answer the question of whether, in addition to pleading the other elements of an employment discrimination claim, a majority-group plaintiff must show background circumstances to support the suspicion that the employer discriminates against the majority group. Oral argument is scheduled for February 26th.

Featuring:

• Nicholas Barry, Senior Counsel, America First Legal Foundation
• (Moderator) William E. Trachman, General Counsel, Mountain States Legal Foundation

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