Marlean Ames alleges that the Ohio Department of Youth Services twice discriminated against her on the basis that she is heterosexual.

In what could well amount to a bombshell development, the Supreme Court has agreed to hear Ames' case. 

Ames says she was passed over in favor of less qualified gay co-workers

Reuters noted how despite consistently receiving positive evaluation, Ames was passed over for a promotion in 2019 and later demoted, resulting in a $40,000 pay cut.

Ames maintains that on both occasions, her gay supervisor pushed her aside in favor of less qualified co-workers who were also gay.

Yet as USA Today reported, a federal judge rejected her claim, concluding that she had failed to present "background circumstances" showing the Ohio Department of Youth Services was "that unusual employer who discriminates against the majority."

The 6th U.S. Circuit Court of Appeals later upheld that decision, observing that Ames had failed to present statistical evidence showing a pattern of discrimination against heterosexuals.

NAACP Legal Defense & Educational Fund files brief against Ames' lawsuit

In response, Ames' lawyers argue that their client's case would have been permitted to go forward if she were gay and the other employees had been straight.

"But because Ames falls on the majority-group side of the majority/minority fault line, she has no legal recourse," they wrote in a filing.

Meanwhile, the NAACP Legal Defense & Educational Fund has submitted a brief which asks that the Supreme Court rule against Ames.

It complains that she wants judges to ignore how "members of marginalized groups are far more likely to endure employment discrimination than their majority-group counterparts."

The brief insists that members of majority groups "simply cannot rely on this country’s persisting legacy of discrimination targeting minority-group plaintiffs as a relevant factor in support of their claims because they do not share that legacy."

Labor law expert says Ames' case could be a "groundbreaking case"

Attorney Jonathan Segal is a labor expert at the law firm Duane Morris, and he suggested that Ames's case could bring major ramifications.

"I think it’s going to send another shock wave in the employment system with regard to what is discrimination, who can bring claims, and how does that relate to DEI," Segal told USA Today.

"Every year, there's at least one employment case that's the groundbreaking case that employers and employees alike are looking at. And this year it’s the Ames case," Segal added.