The Supreme Court recently heard an employment discrimination case involving a woman, Marlean A. Ames, who claimed she lost promotions in favor of gay workers. The justices, including Gorsuch and Kavanaugh, expressed a strong sense of agreement across ideological lines about the application of civil rights laws. Many hope for a brief ruling that clarifies that discrimination based on sexual orientation, whether for or against a straight individual, is prohibited, essentially applying the same rules to all employees in the context of workplace discrimination.
While some conservative groups have hoped the case will yield a major statement on efforts to diversify the workplace, it seemed likely to produce a modest decision.
Justice Brett M. Kavanaugh said he envisioned a really short opinion that says discrimination on the basis of sexual orientation is prohibited, and the rules are the same.
Justice Neil M. Gorsuch called the radical agreement among justices across the ideological spectrum, signaling a consensus on workplace discrimination.
All lawyers in the case agreed that an appeals court had gone badly astray in imposing a heightened burden for members of majority groups seeking workplace discrimination.
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