Latest news with #6thCircuitCourtofAppeals
Yahoo
2 days ago
- Politics
- Yahoo
Supreme Court sides with woman who says she suffered job discrimination for being straight
The Supreme Court on Thursday revived a lawsuit by an Ohio woman who said her bosses discriminated against her for being straight. The court unanimously ruled that members of majority groups do not face a higher legal standard than minorities to prevail in so-called reverse discrimination lawsuits under Title VII, the federal civil rights law that bars employment discrimination on the basis of race, sex and other protected characteristics. The decision, written by Justice Ketanji Brown Jackson, a Joe Biden appointee, comes as President Donald Trump has sought to deploy the nation's civil rights laws and agencies to combat what he sees as discrimination against white people and other majority groups. The ruling could make it easier for men and white people to successfully sue their employers for job discrimination. Lower courts had thrown out the lawsuit by Marlean Ames, who alleged that she was passed over for an Ohio state government job and then demoted from her existing post in favor of LGBTQ+ candidates. The lower courts said that members of majority groups suing for discrimination had to show 'background circumstances' suggesting that their bosses were among the 'rare' group of employers who were biased against the majority. Minorities suing for discrimination were not required to show analogous 'background circumstances' about their employers under the legal test that the 6th Circuit Court of Appeals had adopted. Jackson wrote that the 6th Circuit's requirement 'cannot be squared' with federal civil rights law or other judicial precedent. 'Congress left no room for courts to impose special requirements on majority-group plaintiffs alone,' the opinion states. The decision was an unsparing rebuke of the 'background circumstances' test and Ohio's legal arguments, stating at one point that the state's defense 'misses the mark by a mile.' Thursday's decision was unsurprising, given that the justices were highly skeptical of the state's position during oral arguments in February. Jackson's opinion did not explicitly discuss the implications for cases filed by white people. But Justice Clarence Thomas, a George H.W. Bush appointee, wrote a concurring opinion in which he said that racial discrimination lawsuits brought by white people should not face a higher legal bar than those brought by minorities. Writing that he was 'pleased' with the court's ruling, he argued that the murkiness of racial classifications can make it difficult to determine whether someone is part of the majority. 'Even if courts could identify all the relevant racial groups and their boundaries, courts would still struggle to determine which racial groups make up a majority,' Thomas wrote, in an opinion joined by Justice Neil Gorsuch. The Supreme Court's decision Thursday vacated the appeals court's ruling and sent the case back for further consideration, meaning Ames will get a chance to prove her discrimination claims against the Ohio Department of Youth Services, which runs the state's juvenile detention centers. A spokesperson for the Ohio attorney general's office, which defended the case, said the Supreme Court 'made clear that this case is not over,' and it still believes Ames was treated fairly. 'We look forward to fully pressing those arguments as the case moves forward because the Ohio Department of Youth Services did not engage in unlawful discrimination,' spokesperson Dominic Binkley said in a statement. The state argued previously that Ames was not chosen for the job she applied for and then demoted because she lacked experience relevant to both positions. In addition to uniting the Supreme Court, the case is also notable for being one in which both the Biden and Trump administrations, as well as conservative groups like America First Legal, all lined up behind the worker and against the 'background circumstances' standard. Some civil rights groups were concerned, however, that doing so could lead to an uptick of meritless 'reverse discrimination' cases.
Yahoo
25-02-2025
- Entertainment
- Yahoo
Tennessee drag show law stands after US Supreme Court declines to hear appeal
The U.S. Supreme Court on Monday declined to hear an appeal of a lawsuit against Tennessee's drag show restrictions, effectively ending the legal challenge against the controversial law. The 2023 law banned "adult-oriented performances that are harmful to minors" from public property or within sight of someone who is younger than 18. The law doesn't specifically mention drag and doesn't necessarily apply to all drag performances. The law targets performances that fall under the state's obscenity restrictions, historically an extremely rigorous legal hurdle to clear in court. Opponents of the law, though, argued the law was legally vague and could possibly lead to felony charges against any artistic production featuring "male or female impersonators" after the Republican sponsor of the bill repeatedly suggested all drag performances are inherently innapropriate for minors, regardless of their content. Memphis-based LGBTQ+ theater company Friends of George's first sued over the Tennessee law in 2023, claiming overbroad language in the law restricted its artistic performances. The group was initially successful. In June 2023, a federal judge ruled against the law, calling it unconstitutional. The ruling temporarily blocked enforcement of the law in Shelby County. But the 6th Circuit Court of Appeals later reversed the lower court's decision. The appellate court ruled Friends of George's lacked standing to sue over the law as its performances would have artistic value and therefore not fall under the obscenity statute. More: Could Tennessee drag restrictions apply in private homes? How state argued before a federal appeals court Friends of George's petitioned the U.S. Supreme Court to reconsider the 6th Circuit ruling, but the high court on Monday declined to do so. This article originally appeared on Nashville Tennessean: SCOTUS declines to hear Tennessee drag show ban appeal
Yahoo
08-02-2025
- Yahoo
Yes, Your Internet Provider Can Throttle Your Speed. Here's How to Make It Stop.
If you've ever been kicked out of a Zoom call or suffered lag during a live show, you know all the frustration of a slow internet connection. Maybe you've noticed slow uploading and downloading times, consistently glitchy Zoom calls or sudden drops in connectivity. While there are many reasons for a lagging Wi-Fi connection, there's also a real possibility that your slow speeds are something your internet provider is doing on purpose. That's right: Your internet provider could be intentionally throttling your internet connection. Before we dive into internet throttling and how to stop it, let's run down the list of other factors that may be contributing to your slow speeds. First, try the tried-and-true method of restarting your modem and router or moving your router to a more centrally located place. There may also be some long-term solutions to your woes. It might be time for an upgrade if you have an outdated router. A mesh network (which also must be placed in the right spot) or Wi-Fi extenders can offer reliable speeds and better coverage throughout your house. Suppose your equipment is already upgraded and your Wi-Fi setup optimized. If your household has higher-than-average internet usage, the next best solution may be upgrading to a faster speed tier. But if you've already run down the list of solutions and nothing is working, then the issue might be something your internet service provider is intentionally doing: bandwidth throttling. The FCC's ruling on net neutrality was thrown out in the 6th Circuit Court of Appeals, along with other rules about regulating the internet as a utility. That means, in some states, the practice might still technically be illegal. That said, ISPs can still get around that legal ruling pretty easily. For instance, throttling is technically still allowed if your internet plan has a data cap or your ISP's network is overloaded. Additionally, if your ISP gives prior notice about slowing your internet speeds, they can legally do so. A proven way to avoid internet throttling is using a virtual private network. Providers need to see your IP address to slow down your internet, and a good VPN shields that identity, though this comes with some limitations and downsides, which we'll discuss below. Read more: Decoding FCC's 'Broadband Nutrition Labels': What You Should Know So your Wi-Fi is slow, and you think your service provider is throttling your connection. Let's troubleshoot your internet connection first to absolutely rule out other possibilities: Restart your router, check that the router is centrally located in your home, reposition its antennas and double-check your network security. If your laggy internet is due to your router being too weak to reach every room in your house, you can spend as low as $15 on a Wi-Fi extender. CNET recommends the TP-Link RE605X for its affordability, easy-to-use controls and capability to support Wi-Fi 6 speeds. If you've run through the laundry list and your Wi-Fi is still chugging slowly, move on to the next step. Once you've ruled out any simple explanations for your Wi-Fi troubles, it's time to get a more in-depth measurement of your internet's health. There are several ways to do so. By starting with a simple internet speed test through M-Lab or Ookla, you can check your connection and gauge whether your ISP provides consistent performance, no matter the content you're accessing. (Disclosure: Ookla is owned by the same parent company as CNET, Ziff Davis) This measurement isn't perfect, but it's a good starting place. Make sure you run the speed test at different hours of the day -- that's a good way to gauge if your speeds are seriously impacted during peak internet usage hours. Additionally, try testing your internet connection while connected with an Ethernet cable. An Ethernet connection is almost always faster than Wi-Fi, so if your speeds are still pretty slow with an Ethernet connection, move on to the next step. If you've done research on your internet health and are still stumped, the next step is to start researching VPNs. There are many reasons to get a VPN and just as many factors to consider when settling for one, like security, price and server locations. But we've done that work for you already: Check out CNET's picks for the best VPNs. Our recommendation is Express VPN for its privacy policy, fast speeds and usability. Also, read more about the best VPNs to use while working from home, the fastest VPNs and VPNs you can try for free before buying. Next, test your internet speed again using a service like or Compare the results with the same test when your VPN is active. Using any VPN should cut your speed considerably, so the speed tests should show a discrepancy, with the VPN-active speed being notably slower than the VPN-inactive speed. But a VPN also hides the IP address that providers use to identify you, so if your speed test with the VPN is faster than without the VPN, that may mean your ISP is targeting your IP address for throttling. OK, this is the hard part because knowing where to start could be tricky. Even if you find out your provider is throttling your internet, there may not be much you can do. Many people in the US live in regions with ISP monopolies or duopolies, making finding a better provider difficult. But here are a few hopefully useful suggestions: If you do have options, consider switching to a better provider in your area. Not only will you potentially put speed throttling to rest, but you may end up with faster speeds and a better deal. Check out our top picks for ISPs and high-speed ISPs in 2024. Use your VPN to maintain more consistent speeds. A VPN can't solve a bad connection or other reasons behind your slow service, but it can mitigate throttling from unscrupulous ISPs. Call your provider and threaten to switch providers if they don't stop throttling your internet. This might seem old-fashioned and doesn't guarantee lasting results, but some providers have responded positively to such tactics. It's never a complete guarantee that your ISP won't throttle your speeds down the line. If you've exhausted all the ways to improve your speeds and are still not noticing a significant change, we recommend switching to a different ISP available in your area. To learn more, check out our guide on the best internet providers near you. If you're noticing a long buffering time when trying to stream your favorite television show, you might be experiencing bandwidth throttling. This happens when your ISP purposely slows down your internet speeds by controlling your bandwidth. The FCC's ruling on net neutrality was thrown out in the 6th Circuit Court of Appeals recently, along with other rules about regulating the internet as a utility. That means that although in some states, the practice might still technically be illegal, it is legal in other states. Plus, ISPs can easily get around that legal ruling. For instance, throttling is technically still allowed if your internet plan has a data cap or your ISP's network is overloaded. Additionally, if your ISP gives prior notice about slowing your internet speeds, they can legally do so. There's no exact answer to why ISPs limit some people's connections and not others. If a network is congested and you're using a lot of internet bandwidth, your provider might slow down your service to encourage you to pay for more data. Or, if you have a data cap and notice a laggy connection, your ISP might be limiting your service when you're near the end of the cap. DSL, cable and fixed wireless connections are more susceptible to network congestion. If available, we recommend going with a fiber connection. Read our top picks for the best fiber internet providers of 2024. If you've checked your internet speed through an Ethernet connection and your results haven't improved, you might want to check if your provider is to blame. A simple connection speed test, like the one through M-Lab, can show if your ISP is providing consistent performance no matter the content you're accessing. A VPN, or virtual private network, is a good solution to help combat internet throttling. Since VPNs can hide your identity, your provider can't use your IP address to slow down your connection, helping you maintain more constant speeds. Besides using a VPN, consider switching to a new provider for faster speeds and, possibly, a better deal. Read CNET's top picks for the best VPNs of 2024.
USA Today
05-02-2025
- Business
- USA Today
Black farmers group confident in appeal of ruling over USDA payouts for heirs
Hear this story Black Farmers and Agriculturalists Association President Thomas Burrell said he is confident the 6th Circuit Court of Appeals will rule in the organization's favor in its lawsuit against the U.S. Department of Agriculture. Burrell gave an update on the case during a press conference Wednesday in Memphis. "The mere fact that we [were] going to be able to go to Cincinnati and make oral arguments speaks volumes about the validity of our claim," said Burrell, who noted oral arguments concluded Jan. 30. "Congress intended for these heirs to be paid. We argued that USDA made the switch and that DFAP [Discrimination Financial Assistance Program] is unconstitutional... because of the defects in it, because of the fact that it denied individuals a fundamental promise... to be able to inherit real and personal property." During summer 2024, the Department of Agriculture began issuing payouts of $50,000 to Black farmers who were discriminated against by the federal department. The compensation ordered by the Biden administration's Inflation Reduction Act, of which DFAP was a part. The payments, which totaled $2.2 billion, did not include the heirs of Black farmers who were discriminated against prior to 2021 — Burrell said heirs were even denied the ability to apply. The Black Farmers and Agriculturalists Association sued, and though it lost in a Western District of Tennessee court, the case is currently in the 6th U.S. Circuit Court of Appeals, based in Cincinnati. A ruling in the case should be released within one to two months. Founded in 1997, the Memphis-based the Black Farmers and Agriculturalists Association has more than 20,000 members, many of whom were denied a share of the $2.2 billion compensation. One of those members, Nimon Willis traveled to Cincinnati to hear the association's argument to the court. Willis' late parents and two grandparents were sharecroppers, and he said receiving that compensation would mean a lot to him. "It would mean a great deal to me," he said. "We know they don't want us to have anything, but, hey, you got to fight for what you want. Nothing comes free." LOCAL NEWS:West Tennessee group continues push for Ford to sign community benefits agreement Burrell also said his organization was working with Tennessee Sen. Brent Taylor to bring the case to President Donald Trump's attention, to get him to intervene and settle the case. Despite Trump's proposed sweeping budget cuts and changes, Burrell said he doesn't believe those cuts will factor into this case. "We don't believe that the administration's cut to the government falls within the same category of protecting a person's constitutional rights," he said. "This is a slippery slope here what USDA is doing, and that is if you start denying this group a right to inherit property, when are you going to start denying people who own farms, who died years ago and set up trust and wills and estates for their children?" Jacob Wilt is a reporter for The Commercial Appeal covering DeSoto County, as well as dining in the Memphis area. You can reach him
