Monday 15 June 2020

LGBTQ Employees Are Protected By Civil Rights Employment Statutes- US Supreme Court





The Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects LGBTQ employees from being discriminated against on the basis of sexual orientation or gender identity.

The court on Monday issued opinions on two major decisions with far-reaching implications for the civil rights of transgender and LGBTQ individuals.

It was a 6-3 ruling, with Chief Justice John Roberts and Justice Neil Gorsuch joining the four liberal justices in the majority. 

Writing for the majority, Gorsuch argued that discrimination on the basis of sexual orientation or gender identity is fundamentally no different than discrimination based on sex.

“An individual’s homosexuality or transgender status is not relevant to employment decisions,” Gorsuch wrote. “That’s because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

“We agree that homosexuality and transgender status are distinct concepts from sex,” he added later. “But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”

The rulings rest on a pair of arguments the court heard in October in which justices considered whether Title VII of the Civil Rights Act of 1964, the federal law that prohibits workplace discrimination, applies to LGBTQ and transgender workers. 

While Title VII bars discrimination on the basis of “race, color, national origin, sex, and religion,” the original bill didn’t define “sex” as a term. The Trump administration used that ambiguity to argue that lawmakers’ original intent focused solely on protecting women’s rights and, therefore, shouldn’t be extended to include sexual orientation or gender identity.

source:huffpost

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