Originally posted by USUC
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https://www.supremecourt.gov/opinion...-1039_c0n2.pdf
The lower court had rejected the plaintiff's claim after applying a “background circumstances” rule—which requires members of a majority group to satisfy a heightened evidentiary standard to prevail on a Title VII claim. All nine justices recognized that rule as contrary to the statute: whether you were discriminated against does not turn on whether you were a majority or minority.
Justice Thomas wrote a concurring opinion, joined by Justice Gorsuch, joining the majority opinion (authored by Justice Brown) in full but also questioning whether the McConnell-Douglas burden-shifting standard should be scuttled, basically inviting litigants to petition for cert to give the Court a chance to address it. If the Court did that, it would have a dramatic effect on how discrimination cases are litigated. But that is beyond the scope of what this case requires.
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