The Supreme Court declined on Monday to hear an appeal from Ronald Hittle, a former California fire chief who claimed he was fired for his Christian faith, in a case that could have reshaped how workplace discrimination lawsuits are evaluated.
In a dissent written by Justice Clarence Thomas and joined by Justice Neil Gorsuch, Thomas criticized the 1973 precedent from the case McDonnell Douglas Corp. v. Green, which sets a three-part test for proving workplace discrimination.
“Despite seemingly good intentions, this judge-created doctrine has been widely criticized for its inefficiency and unfairness,” Thomas wrote. He argued that the framework has created confusion among lower courts, making it harder for employees to prove discrimination.
“Whatever the origins of the confusion, it is producing troubling outcomes on the ground,” Thomas added.
Hittle, a 24-year veteran of the Stockton Fire Department, argued he was dismissed after attending a two-day Christian leadership conference on city time. The city contended that Hittle was expected to attend a general leadership program and cited a history of insubordination as justification for his termination.
Under McDonnell Douglas, plaintiffs must first show they belong to a protected class and were treated unfairly. Employers can then present a legitimate reason for their actions, shifting the burden back to plaintiffs to prove that the employer-provided reason is a pretext for discrimination. Hittle’s counsel with First Liberty Institute sought to make it easier for employees to win during the final step, as the lawyers maintained their client suffered a legitimate injury.
A federal district court and the 9th Circuit Court of Appeals sided with the city, ruling Hittle failed to prove a pretext for religious discrimination. Thomas urged the court to reconsider McDonnell Douglas, arguing the precedent distorts legal analysis and prevents cases like Hittle’s from moving forward.
“We are disappointed with the court’s decision regarding this religious discrimination case,” said Kelly Shackelford, president, CEO, and chief counsel to First Liberty. “We will continue to fight for all people of faith whose religious liberty is threatened.”
SUPREME COURT POISED TO LOWER BAR FOR EMPLOYMENT BIAS LAWSUITS
Still, the Supreme Court has moved in a direction that favors plaintiffs who allege religious discrimination in recent years. In 2023, First Liberty won a case involving a former mail carrier who lost his job after seeking religious accommodation to observe the Sunday Sabbath. The case resulted in a unanimous decision before the justices.
First Liberty also won a major case one year prior involving former Bremerton High School football coach Joe Kennedy, who was fired years ago after he engaged in continued postgame prayers after football games at the 50-yard line.
