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Joined 2 years ago
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Cake day: July 1st, 2023

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  • The headline here is kinda absurd. From the article

    The case, brought by Marlean Ames, a former Ohio Department of Youth Services (the state’s juvenile justice department) employee, challenges a rule the Sixth Circuit Court of Appeals applies, requiring majority-group plaintiffs to demonstrate additional “background circumstances” to establish a discrimination claim.

    This case is about whether or not the sixth circuit rule that a majority group plaintiff has to demonstrate additional background circumstances is constitutional.

    “Because Ames is heterosexual, she must make a showing in addition to the usual ones for establishing a prima facie case,” Kagan read from the ruling, emphasizing that the opinion itself makes clear that different rules are being applied.

    That’s liberal justice Elana Kagan making an argument reading the sixth circuits ruling.

    A prima facie case is the first step in proving employment discrimination. Under the McDonnell Douglas framework, a plaintiff must show they belong to a protected class, were qualified for the job, suffered an adverse employment action, and occurred under circumstances suggesting discrimination. If these criteria are met, the burden shifts to the employer to provide a non-discriminatory reason for their decision.

    So this case boils down to, “do members of the majority group have to jump over a higher bar to require that employers provide a non-discriminatory reason for their adverse employment action.”

    The working class should be shoulder to shoulder in solidarity here.


  • I mean I’m sure the forms aren’t identical but is having to tell the same information so much of a burden that removing it materially changes anything?

    It seems like to work would be in tracking the spending and then once that is done what all is there to save from only having to hand that data to one watchdog instead of two?

    Unless of course one of those watchdogs, being a smaller state agency, could be cheaply bought and have their reporting requirements gutted.

    When powerful people want small government what they really want is cheaper bribes.