New High Court Decision Makes It Difficult to Prove Workplace Discrimination

Dissenting justices suggest Congress take action against the ruling

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Two decisions issued by the Supreme Court effectively make it harder for workers to prove they’ve suffered employment discrimination, the New York Times reports.

One of the rulings narrows the definition of what constitutes a supervisor in racial and sexual harassment cases. The other ruling creates a tougher standard for employees to prove that they had faced illegal retaliation for complaining about employment discrimination.

Justice Ruth Bader Ginsburg says the majority opinions are “blind to the realities of the workplace.”

“An employee who confronts her harassing supervisor risks, for example, receiving an undesirable or unsafe work assignment or an unwanted transfer,” Ginsburg wrote in the dissenting opinion.

Both rulings were decided by a 5-to-4 majority. Ginsburg and the other more liberal justices called on Congress to amend the overly restrictive rulings.

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