The case could further develop discrimination precedent two years after the Supreme Court’s decision in Students for Fair Admissions v. Harvard College.
In reviewing her claim, the U.S. Court of Appeals for the 6th Circuit called the matter an “easy” call at the preliminary stage. It noted that Ames could not show that a member of a minority group made the allegedly discriminatory decision, or with evidence demonstrating a pattern of discrimination against members of the majority group.
Judge Raymond Kethledge criticized the court’s requirement that Ames show special “background circumstances” because she is straight. Such a rule, he argued, “discriminates” “on the very grounds that the statute forbids.”
Ames argues that the test’s “background circumstances” component conflicts with the text of Title VII of the Civil Rights Act, which prohibits discrimination “against any individual with respect to the terms of conditions of employment because of that individual’s sex” or other protected characteristic. She argues “that the law as applied demands something more of her than the law as written.”
The Court could break from McDonnell Douglas Corp. v. Green and continue the push of Chief Justice John Roberts in Students for Fair Admissions v. Harvard College to make the Constitution’s guarantee of equal treatment “universal in its application.”
