A straight white woman from Ohio is accusing her workplace of discriminating against her by giving preferential treatment to her gay and male coworkers at the Supreme Court.
Marlean Ames, 60, has filed a lawsuit against the Ohio Department of Youth Services, alleging that she was passed over for a promotion and then demoted from her job because she is heterosexual.
Ames was first hired by the federal department in 2004 and a decade later, he was promoted to Administrator of the Prison Rape Elimination Act (PREA).
In 2017, the experienced employee was assigned a new supervisor, Ginine Trim, a gay woman, who also reported to assistant manager Julie Walburn, a straight woman.
She claims that this was the moment in her career where things started to go downhill for her.
Marlean Ames, 60, has filed a lawsuit against the Ohio Department of Youth Services, alleging that she was passed over for a promotion and then demoted from her job because she is heterosexual.
According to court documents, Ames applied and interviewed to be Chief of the Department’s Quality Office in April 2019, but was rejected.
He claims that “Trim congratulated Ames on his 30 years of public service but also suggested he retire” in an interview after the rejection.
The role was eventually given to Yolanda Frierson, a gay woman.
Additionally, the lawsuit alleges that four days after being commended for her service, Walburn fired Ames from her job and asked her to return to her old position.
‘Four days later, on May 10, 2019, Walburn and Human Resources Administrator Robin Gee called Ames into a meeting in which they fired her as PREA administrator and gave her the option to return to her previous position, which would be equivalent to a degradation.
“Ames accepted the demotion, reducing his salary from $47.22 an hour to $28.40.”
He has asked the Supreme Court to allow him an extension to file a ‘writ of certiorari,’ which is described as a request to order a lower court to send the case file for review to the justices.
In 2017, this experienced employee was assigned a new supervisor, Ginine Trim, a gay woman (pictured)
He claims that “Trim congratulated Ames on his 30 years of public service but also suggested he retire” in an interview after the rejection.
His role as PREA administrator fell to Alexander Stojsavljevic, a 25-year-old gay man.
Court documents state that “the department discriminated against her when it denied her a promotion to bureau chief and demoted her from the position of PREA administrator.”
The lawsuit was filed under Title VII of the Civil Rights Act of 1964, the landmark federal law that prohibits workplace discrimination based on traits including race, sex, religion and national origin.
A lower court and the U.S. Court of Appeals for the Sixth Circuit had previously ruled against Ames, but Supreme Court justices agreed to review an appellate ruling that upheld the dismissal of the lawsuit on Oct. 4.
Court documents state that “the department discriminated against her when it denied her a promotion to bureau chief and demoted her from the position of PREA administrator.”
The court will hear arguments in the case in its new term, which begins on October 7, with a decision expected at the end of June 202.
Under the law, those alleging workplace bias must show “background circumstances,” including that LGBTQ people made the decisions that affected Ames or statistical evidence showing a pattern of discrimination against members of the majority group.
The appeals court noted that Ames failed to provide such circumstances.
He has not yet provided such evidence and has asked the Supreme Court to allow him an extension to file a “writ of certiorari,” which is described as a request to order a lower court to send the case record for review to the judges.
A Supreme Court ruling in favor of Ames could fuel the growing number of lawsuits from white, straight workers who claim they were discriminated against by the company’s diversity, equity and inclusion policies.
The court will hear arguments in the case in its new term, which begins on October 7, with a decision expected by the end of June 2025.
