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 question for the justices is that the Cincinnati-based 6th Circuit and several other appeals courts covering 20 states and the District of Columbia apply a higher standard when members of a majority group make discrimination claims.
America First Legal and other conservative groups filed briefs arguing that members of majority groups are as likely to face job discrimination, if not more so, because of diversity, equity and inclusion policies.
Lawyers for America First, founded by Trump aide Stephen Miller, wrote that the idea that discrimination against members of majority groups is rare "is highly suspect in this age of hiring based on ‘diversity, equity, and inclusion.’”.
The outcome of the case could remove an additional requirement that some courts apply when members of a majority group, including those who are white and heterosexual, sue for discrimination under federal law.
