Supreme Court to hear case of Ohio woman who says she was discriminated against in workplace for being straight

The US Supreme Court is set to hear a case involving an Ohio woman who claims her workplace discriminated against her by prioritizing her gay and male colleagues. Specifically, the Supreme Court will rule on the question of whether or not the woman needs to "make a showing in addition to the usual ones for establishing a prima-facie case" due to her being of the non-minority, heterosexual status. The ruling from the Sixth Circuit Court of Appeals that the Supreme Court is taking up had cited previous case law in saying that the woman "must show 'background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.'"

Marlean Ames, 60, filed a lawsuit against the Ohio Department of Youth Services, alleging she was passed over for a promotion and ultimately demoted because she is heterosexual. Ames began working for the department in 2004 and, after 10 years, was promoted to Administrator of the Prison Rape Elimination Act (PREA). In 2017, she was assigned a new supervisor, a gay woman who reported to Assistant Director Julie Walburn, a straight woman, according to the Daily Mail.

Court documents show that Ames applied for the position of Bureau Chief of Quality in April 2019, but after being interviewed, she was rejected. Ames claimed her supervisor praised her for decades of public service but "also suggested that she retire" following the rejection. The position was awarded to another gay woman, and Ames was later demoted by Walburn.

“Four days later, on May 10, 2019, Walburn and Human Resources Administrator Robin Gee called Ames into a meeting where they terminated her as PREA Administrator and gave her the option of returning to her previous position, which would amount to a demotion,” the lawsuit stated. Ames’ hourly wage dropped from $47.22 to $28.40. Her former role as PREA Administrator was then given to a gay man.

Ames filed the lawsuit under Title VII of the Civil Rights Act of 1964. Both a trial court and the Sixth Circuit Court of Appeals ruled against her. In the ruling from the Court of Appeals, the judge said that "We begin with Ames’s claim of discrimination based on sexual orientation, in which she says the Department discriminated against her when it denied her a promotion to Bureau Chief and demoted her from the position of PREA Administrator. Ames is heterosexual, however, which means she must make a showing in addition to the usual ones for establishing a prima-facie case. Specifically, Ames must show 'background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.'"

However, the Supreme Court has agreed to review that appellate ruling that upheld the dismissal of the lawsuit. The appeals court found that Ames had not provided sufficient evidence to demonstrate a pattern of discrimination. Ames has requested an extension to file a writ of certiorari with the Supreme Court. Oral arguments will take place after the Court's new term begins on October 7, with a decision not expected until June 2025.