The Supreme Court on Thursday unanimously struck down a legal standard that had made it harder for white, male, or heterosexual employees to bring workplace discrimination claims, marking a landmark decision that threatens to undercut the legal foundation of many diversity, equity, and inclusion (DEI) hiring practices.
The high court struck down a legal test created and employed by certain lower courts since the 1980s called the “background circumstances rule” which requires a heightened evidentiary standard for members of so-called “majority groups” in discrimination cases. In an opinion penned by Justice Ketanji Brown Jackson, the Supreme Court decided that the background circumstances rule is incompatible with Title VII of the Civil Rights Act of 1964 which bars employers from intent