Straight white woman lost two jobs to gay colleagues. Supreme Court will decide if she can sue; SCOTUS RULES IN HER FAVOR 9-0

MustafaSTL

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I’m an employment attorney and handle these types of discrimination cases on a daily. She does not have a claim under any current precedent. The only base line claim that will make it past a motion to dismiss is age discrimination where all you have to do is claim that you are over 40 years old and were replaced by someone significantly younger than you. Simply arguing that you are straight and were replaced by a gay person will not fly. It’s an auto motion to dismiss that has not held up under any precedent.
I see I misinterpreted what the Supreme Court was ruling on. This is about the first hurdle to making a case of reverse discrimination basically saying that you don’t need to prove that first more stringent burden than regular discrimination. The case itself is still remanded back to the lower court as far as determining the merits of her claim.
 

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I see I misinterpreted what the Supreme Court was ruling on. This is about the first hurdle to making a case of reverse discrimination basically saying that you don’t need to prove that first more stringent burden than regular discrimination. The case itself is still remanded back to the lower court as far as determining the merits of her claim.
Right. It’s…not that big of a deal.
 
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