SCOTUS Will Review Extra Bias Test for Nonminority Workers

The US Supreme Court on Friday agreed to review an Ohio public employee’s challenge to a rule used by several federal appeals courts requiring non-minority workers to make an extra showing to prove job discrimination.

Petitioner Marlean Ames, a 20-year veteran with the Ohio Department of Youth Services, claims she was denied promotion and demoted because she’s heterosexual. In her petition for high court review, Ames also asserts she only lost her lawsuit because she failed to point to additional “background circumstances” showing the department discriminates against workers who aren’t members of the relevant minority group.

That further showing isn’t ...