The U.S. Supreme Court today announced it will review three cases that address whether discrimination on the basis of sexual orientation or gender identity violates the Civil Rights Act of 1964, the federal law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion.
“After many years of courts grappling with these questions, the Supreme Court has decided to step in and resolve whether discrimination against someone for their sexual orientation or gender identity is a form of sex discrimination prohibited by the Civil Rights Act. Multiple courts have understood that discrimination against someone for being transgender or being in a same-sex relationship is a form of discrimination because of sex, plain and simple. There is no reason for the Supreme Court to carve LGBTQ people out of a law that by its own terms protects us from discrimination,” said Greg Nevins, Senior Counsel and Workplace Fairness Program Strategist for Lambda Legal.
“Title VII obviously requires equal treatment of men and women, so it was wrong to treat Donald Zarda [or Gerald Bostock] differently because of his attraction to men, when a Donna Zarda or Geraldine Bostock would not have endured discrimination for liking men. And when Aimee Stephens’ employer fired her after learning that she was undertaking a gender transition, her employer discriminated against her because of sex. These arguments couldn’t be more straight-forward, and we are hopeful that the Court will confirm that they are correct.”