Congressional Digest

Supreme Court Debates October 2025 No. 7 Vol. 28
Reply Brief

Reverse Discrimination

The Civil Rights Act of 1964 and Workplace Bias

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Reply Brief

The following is excerpted from the Reply Brief of the Petitioner as submitted to the U.S. Supreme Court on Feb. 7, 2025. Title VII’s “central statutory purpose” is to “eradicate discrimination from the workplace.” — Albemarle Paper Co. v. Moody (1975). How does it do that? For petitioner, answering that question is straightforward: Courts should apply the “same terms” and “standards” to all who seek Title VII’s protection. — McDonald (1976). In the Sixth Circuit, on the other hand, judges must actually treat plaintiffs differently, by first separating them into majority and minority groups, and then imposing a “background circumstances”…

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