This morning, the Supreme Court ruled that Title VII of the Civil Rights Act protects LGBTQ employees from workplace discrimination. This is a monumental decision that will impact the lives of millions of Americans.
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In these cases, the lower courts came to conflicting decisions: The 2nd U.S. Circuit Court of Appeals held that Title VII does cover sexual orientation discrimination, yet the 11th U.S. Circuit Court of Appeals held that it doesn’t., the Supreme Court will decide whether Title VII protects transgender workers like Stephens from gender identity bias. In this case, the 6th U.S.
So why, given the continuing pervasiveness of sexual orientation and gender identity discrimination, is there any question about whether they are prohibited under federal law? For example, if an employer discharges someone because she is in a relationship with a woman but would not have fired her if she were a man in a relationship with a woman, the employer has impermissibly considered the worker’s sex. More generally, someone is understood to be gay if they are attracted to someone of the same sex—so sex is necessarily part of the calculus.
Similarly, transgender people defy stereotypes about how people should identify in terms of their gender. More than three decades ago, the Supreme Court ruled inthat employers may not make employment decisions based on stereotypes about how people should look or behave with respect to gender. For instance, a woman cannot be passed over for a promotion because the employer perceives her to be insufficiently feminine.
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