Congressional Digest

Supreme Court Debates October 2025 No. 7 Vol. 28
Local Government Legal Center, National Association of Counties et al., Amici Curiae

Reverse Discrimination

The Civil Rights Act of 1964 and Workplace Bias

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Local Government Legal Center, National Association of Counties et al., Amici Curiae

The Local Government Legal Center and the National Association of Counties are joined in this brief by two other municipal associations. The following is excerpted from the Amici Curiae Brief for the Respondent as submitted to the U.S. Supreme Court on Jan. 22, 2025. This court has long recognized that Title VII’s antidiscrimination provision allows a plaintiff to make a claim based on the inference of an employer’s discriminatory intent when direct evidence is absent. In McDonnell Douglas Corp. v. Green (1973), the court established a flexible, case-specific burden-shifting framework to help courts evaluate such claims. In the decades since,…

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