Woman takes ‘reverse’ discrimination case to Supreme Court over hiring of gay co-workers
Andrew Harnik/Getty Images
(WASHINGTON) — Marlean Ames had earned positive performance reviews for nearly 15 years in her job at the Ohio Department of Youth Services. But in 2019 when she applied for a promotion, she got passed over for the position and was subsequently demoted.
A gay woman got the job she’d applied for, while a gay man was assigned the job she once had. Her supervisor at the time was also gay. Ames is a straight woman.
The Supreme Court on Wednesday will take up Ames’ case of alleged “reverse discrimination” and her bid to revive a lawsuit against her employer under Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex and sexual orientation.
Lower courts dismissed Ames’ claim, ruling that she had failed to meet the standard of proof for discriminatory intent against a “member of a majority group.”
The Sixth Circuit U.S. Court of Appeals said Ames did not demonstrate “background circumstances to support the suspicion that the defendant is that unusual employer who discriminates against the majority.”
Ames argues that the “background circumstances” requirement — applied only to plaintiffs from majority groups, such as white and straight people — is an onerous burden that creates an unlevel playing field. She alleges circumstantial evidence alone in her case is enough to warrant a trial.
“If Ames were gay and the employees hired in preference of her were not, she would have established the elements necessary for her prima-facie case,” her attorneys argued in briefs before the high court. “But because Ames falls on the majority group side of the majority/minority fault line, she has no legal recourse.”
Prima facie, Latin for “on the face of it,” is a legal term to indicate that there are sufficient facts to support a claim.
Ohio argues that the “background circumstances” requirement is not an extra burden but rather a clarification of existing standards set by the US Supreme Court in 1973, equally applied to all.
“That the specific facts that give rise to a suspicion of discrimination differ from plaintiff to plaintiff does not mean that some parties carry a heavier prima facie burden than others,” the state argues in its brief. “It just reflects that the precise requirements of a prima facie case can vary depending on the context.”
In the case McDonnell Douglas Corp. v. Green, the Court established a three-part test for determining employment discrimination under Title VII. First, a plaintiff must show a “prima facie case of discrimination;” if that’s met, an employer must provide some legitimate, nondiscriminatory explanation for the dispute; and then, the burden falls back on the plaintiff to prove that the reason is a “pretext” for discrimination.
The Supreme Court will decide whether the “background circumstances” requirement for plaintiffs like Ames is unfair. A decision, which is expected by the end of June, could, if it’s in her favor, make it easier for nonminorities to bring claims of “reverse” employment discrimination.”
(WASHINGTON) — On a call with reporters on Inauguration Day morning, incoming White House officials previewed a series of executive orders and other actions they said the incoming Trump administration plans to take to address immigration and U.S. border issues.
“We will protect the American people against invasion,” one of the incoming officials said during the call. “This is about national security. This is about public safety. And this is about the victims of some of the most violent, abusive criminals we’ve seen enter our country in our lifetime. And it ends today.”
Many of the proposed executive orders revealed on Monday’s call require help from international partners like Mexico and would almost certainly spark legal battles.
Although one of the incoming officials said that the call would “preview a series of actions to be taken today,” it was not clear from the call, during which officials took very few questions from reporters, that everything about which they spoke would actually happen Monday.
Here’s a look at some of the promised executive actions:
Declaring a national emergency at the southern border
The incoming administration will be declaring a national emergency at the southern border. This will allow DoD to deploy armed forces to the region and free up resources to build a wall and other barriers there, as he promised to do during his first administration.
“What this action does is it deploys armed forces, erects physical barriers by directing DOD and DHS secretaries to finish the wall along the border, and allows for counter-UAS capabilities near the southern border in addition,” an incoming White House official said.
It’s not totally clear what the official meant by “counter-UAS capabilities,” but it is important to note that since at least the Obama administration, the Department of Homeland Security (DHS) has used drones and other UAS (unmanned aircraft systems) to help conduct surveillance of the southwest border.
The secretary of defense will be directed to deploy armed troops as well as the National Guard to the border, according to the call. In response to a follow-up question, an incoming White House official was unable to say how many troops will be deployed, responding that the decision “is going to be up to the secretary of defense.”
Clarifying the military’s role in ‘protecting the territorial integrity of the United States’
This executive order aims to allow the military to “prioritize our borders and territorial integrity,” an incoming White House official said during the call. The official further said that the order will direct the military to plan operations to maintain territorial integrity by “repelling forms of invasion including unlawful mass migration, narcotics trafficking, human smuggling and trafficking, and other criminal activities.”
Reinstating ‘remain in Mexico,’ ending ‘catch and release,’ and building the wall
In addition to creating federal and state partnerships to help enforce immigration policies and deportation priorities, this executive order would also aim to end the practice of “catch and release,” and mandates building a wall along the southern U.S. border.
Though often used pejoratively, “catch and release” describes the practice of releasing undocumented immigrants after they’ve been processed at the U.S. border and while they await immigration hearings in court. The term originated during the George W. Bush administration and describes a practice that has been implemented during every administration since, including Donald Trump’s first administration.
Because it’s logistically impossible to safely detain migrants indefinitely, U.S. Customs and Border Protection (CBP) and other authorities release some migrants into the community to wait out their legal proceedings.
Remain in Mexico is a policy implemented during the first Trump administration that required some asylum seekers to wait in Mexico, rather than in the U.S., as their petitions were processed in U.S. courts. This action would require Mexico’s cooperation, which incoming White House officials did not address during Monday’s call.
Trump also promised during his first presidential campaign to build a wall along the U.S.-Mexico border, and signed an executive order to that end days after assuming office. Few new sections of barrier along the border were erected during his administration, though many sections of damaged or outdated barriers were repaired or replaced.
Designating cartels as foreign terrorist organizations
The incoming administration will sign an executive order to designate drug cartels and other criminal organizations, including the U.S.-El Salvadoran-based MS-13 and Venezuela’s Tren de Aragua, as foreign terrorist organizations or specifically designated global terrorists (SDGT).
An incoming White House official said Monday that the order will direct authorities to specifically remove members of Tren de Agua from the United States. And, citing the Alien Enemies Act enacted more than two centuries ago, the official said Tren de Agua has become an “irregular armed force of Venezuela’s government conducting a predatory incursion and invasion into the United States.”
‘End[ing] asylum … to illegals’ The incoming White House official said the Trump administration is going to “end asylum and close the border to illegals via proclamation.” Essentially, this means undocumented migrants caught between ports of entry will not be able to claim asylum, which in turn will “create an immediate removal process without possibility of asylum,” the incoming official said.
Like other executive orders announced Monday, this one would possibly face legal hurdles for several reasons. Current laws allow asylum seekers the ability to attempt to request asylum or protection once they enter the country, regardless of if they crossed between ports of entry. This has been the basis for several legal battles against some of the more recent asylum restrictions that the Biden administration implemented in June 2024.
Suspending refugee resettlement
The incoming official said during Monday’s call that the incoming Trump administration also plans to suspend refugee resettlements for at least four months.
Ending birthright citizenship
An incoming officials on Monday’s call said “We are then going to end birthright citizenship. This action gives effect to the phrase ‘and subject to the jurisdiction thereof’ in the 14th Amendment to clarify that … the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States.”
It was unclear from Monday’s call whether ending birthright citizenship will be part of the day’s announcements or will come later. Trump made the same promise during his first term in office.
Enhanced vetting
The incoming official said Monday that the new administration is also going to “enhance vetting and screening of illegal aliens” and direct agencies to provide recommendations to the president for suspending entry for migrants from “countries of particular concern.”
Creating ‘homeland security task forces’
To help target gang members, criminals and other undocumented migrants, the new administration is planning to establish “federal homeland security task forces” so federal, state and local law enforcement can cooperate further in removing them.
Restoring the death penalty when a law enforcement officer is murdered According to the incoming official, the new administration plans to “restore the death penalty in public safety” by directing the attorney general to seek capital punishment when an undocumented immigrant murders a law enforcement officer or commits other capital crimes. The new administration will also encourage state attorneys general and district attorneys to also pursue the death penalty in such cases, according to the incoming official.
(MINNEAPOLIS) — The Minneapolis City Council has approved a consent decree with the U.S. Department of Justice to implement major reforms within the Minneapolis Police Department under the watch of an appointed, independent court monitor.
The decree still needs to go through other levels of approval, including the mayor’s office, before it is filed in federal court, according to Council President Elliott Payne.
“On behalf of the council and the entire city, I’d like to thank our community for standing together united in this and for having patience with us as we have traveled a very, very long and challenging journey,” said Payne. “We are just beginning and we know we have a long way to go.”
The police reform negotiations follow a two-year investigation from the Department of Justice into the Minneapolis Police Department’s patterns and practices.
In 2023, the U.S. Department of Justice released a report following a two-year investigation that found MPD was engaged in a pattern of discriminatory law enforcement practices, used unjustified deadly force in encounters with suspects, engaged in unreasonable use of force in encounters with young suspects and at times failed to give proper medical aid to people they had taken into custody.
The investigation was prompted in part by the 2020 police killing of George Floyd, which sparked racial justice and anti-police brutality protests nationwide. The report found that “the systemic problems in MPD made what happened to [Floyd] possible,” and such problems had continued despite reform efforts.
“We also found that MPD officers routinely disregard the safety of people in their custody. Our review found numerous incidents in which MPD officers responded to a person saying that they could not breathe with a version of, ‘You can breathe, you’re talking right now,'” said Attorney General Merrick Garland.
In one 2017 case, Garland said an MPD officer shot and killed an unarmed woman who he said had “spooked him” when she approached his squad car.
“The woman had called 911 to report a possible sexual assault in a nearby alley,” he said.
MPD officers were also found to stop, search and use force against people who are Black and Native American at disproportionate rates, according to the report.
MPD is already under a consent decree from the state to “make transformational changes to address race-based policing,” following a 2023 agreement between the Minnesota Department of Human Rights and the City of Minneapolis.
The human rights agency described the consent decree as “a court-enforceable agreement that identifies specific changes to be made and timelines for those changes to occur.”
In 2022, the Minnesota Department of Human Rights similarly found that the Minneapolis Police Department engaged in a pattern or practice of race discrimination in violation of the Minnesota Human Rights Act. This led to a state consent decree agreement that is ongoing.
ABC News’ Alexander Mallin contributed to this report.
An undated photo of 4-year-old Chosen Morris who died after accidentally shooting himself in Davenport, Florida. Davenport Police Department
(DAVENPORT, Fla.) — A 4-year-old boy named Chosen Morris has died after accidentally shooting himself in the head with a handgun he found in his parents’ car, according to authorities in Florida.
The “tragic accident” unfolded Friday evening as the Morris family prepared to go out for pizza, the Davenport Police Department said.
Chosen’s dad, Robert Morris, was in the bathroom getting ready and his mom, Quinta Morris, was on the computer in her bedroom, police said.
Quinta Morris said she heard a “pop” and assumed her children broke something, according to police. She went to the living room to talk to them, but only her 7-year-old and 11-year-old were there, police said.
Quinta Morris started looking for Chosen and noticed the door to the garage was open, police said. In the garage, she found Chosen in the driver’s seat of the car with a gunshot wound to his head, police said.
Chosen’s parents rushed him to the hospital where he died on Saturday afternoon, police said.
Authorities believe Chosen was excited about the outing and went to the car to wait for his family, and then found the handgun under the driver’s seat, police said. Robert Morris owns the Smith & Wesson M&P .40 caliber gun, police said.
“This is a tragic accident,” Davenport Police Chief Steve Parker said in a statement. “As a father and grandfather, I can’t imagine what Mr. and Mrs. Morris are going through right now. Our prayers are certainly with the Morris family as they endure this heartbreaking tragedy.”
“It is important that gun owners know where their firearms are at all times, and when not in possession of their firearm, ensure it is properly secured with some type of lock, whether it is a trigger lock or stored in a locked cabinet or box,” Parker told ABC News via email.
There were at least 411 unintentional shootings by children in 2023, marking the worst year on record since Everytown’s tracking started in 2015. There were at least 360 unintentional shootings by children last year, causing 136 fatalities, according to Everytown.
There have been at least 21 unintentional shootings so far this year, resulting in 11 deaths, Everytown said.
