Civil Rights
Dec. 19, 2023
Reverse discrimination analysis is likely to face a historical shift
In light of the recent decision under Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and University of North Carolina, 600 U.S. 181 (2023), the current Supreme Court may end up rejecting the background circumstances test and hold that no additional burden should be imposed on Title VII plaintiffs in so-called reverse discrimination cases.
Carol Gillam
Principal Attorney
The Gillam Law Firm
Phone: (310) 203-9977
Email: carol@gillamlaw.com
Title VII of the Civil Rights Act of 1964 is supposed to protect every individual from discrimination. Yet some circuits have adopted a test that discriminates on the very grounds the law forbids.
In Title VII cases, the McDonnell Douglas burden shifting framework applies in the absence of direct evidence of discrimination. See McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). To...
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