this post was submitted on 04 Oct 2024
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The Supreme Court is taking up the case of an Ohio woman who claims she suffered sex discrimination in her employment because she is straight.

The justices on Friday agreed to review an appellate ruling that upheld the dismissal of the discrimination lawsuit filed by the woman, Marlean Ames, against the Ohio Department of Youth Services. Arguments probably will take place early next year.

Ames, who has worked for the department for 20 years, contends she was passed over for a promotion and then demoted because she is heterosexual. Both the job she sought and the one she had held were given to LGBTQ people.

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[–] girlfreddy@lemmy.ca 2 points 5 hours ago (1 children)

The hetero victimhood is strong in this one.

[–] andrewta@lemmy.world 3 points 3 hours ago (1 children)

If she can demonstrate that she was denied a promotion or was demoted based on her sex or her orientation then she should win. Discrimination is against the law.

[–] xmunk@sh.itjust.works 4 points 2 hours ago

Although if she's conflating her orientation class with her just being a fucking asshole she should lose.

[–] SelfProgrammed@lemmy.world 45 points 4 hours ago (1 children)

The tail end of the article:

People alleging workplace bias have to show “background circumstances,” including that LGBTQ people made the decisions affecting Ames or statistical evidence showing a pattern of discrimination against members of the majority group.

The appeals court noted that Ames didn’t provide any such circumstances.

[–] doc@fedia.io 16 points 2 hours ago

So, in other words, SCOTUS took the case to invent something entirely unrelated in order to rollback 40 years of progress. Got it. I'll look forward in dread for the outcome in 9 months.

[–] Nougat@fedia.io 41 points 3 hours ago

More likely that she was demoted for being a bigot than for being heterosexual.

[–] FlowVoid@lemmy.world 26 points 5 hours ago* (last edited 5 hours ago) (2 children)

Key detail:

The question for the justices is that the 6th Circuit and several other appeals courts apply a higher standard when members of a majority group make discrimination claims.

So the SCOTUS won't be deciding whether she was discriminated against, they will be deciding how courts should decide whether she was discriminated against.

[–] atzanteol@sh.itjust.works 16 points 4 hours ago

That's what they do. They're an appeals court, they don't decide on facts of the case.

[–] Sgt_choke_n_stroke@lemmy.world 26 points 5 hours ago

This reeks of old people/Karen privilege. Just hoist yourself up by your bootstraps, print out a resume, shake the managers hand and ask for a job.

[–] kiku@feddit.org 17 points 5 hours ago (2 children)

I guess if they rule in her favor, they are also ruling that LGBTQ people cannot face the same type of discrimination in the workplace.

[–] AmidFuror@fedia.io 12 points 3 hours ago

Yes. It should work both ways. Heterosexuals should be protected as much as bisexuals, pansexuals, homosexuals, etc. That's the way the law is intended.

Whether her claims have merit is another story. I am very skeptical, but it is at least possible in principle.

[–] Hikermick@lemmy.world 5 points 2 hours ago

Yeah or she just failed to prove she was discriminated against

[–] aramis87@fedia.io 12 points 4 hours ago (1 children)

she suffered sex discrimination in her employment because she is straight.

That's not sex discrimination. Sex discrimination is when you're discriminated against because of your sex - you know, like how they didn't let women be doctors or lawyers or run marathons and stuff. This is (possibly) orientation discrimination, which is also absolutely a thing, but I feel like she should lose simply because she's claiming the wrong thing.

[–] AmidFuror@fedia.io 32 points 4 hours ago

Orientation discrimination has been ruled to be sex discrimination. This gives protection to people in states where orientation is not itself a protected class.

The rationale is that if there is discrimination against a woman for dating other women, that is sex discrimination because a man would not face similar consequences for dating a woman.

[–] TheAlbatross@lemmy.blahaj.zone 7 points 5 hours ago

Maybe she's just got shit vibes