facebook linkedin twitter

Supreme‌ ‌Court‌ ‌Set‌ ‌to‌ ‌Tackle‌ ‌DACA,‌ ‌LGBT‌ ‌Discrimination,‌ ‌Among‌ ‌Other‌ ‌Issues‌ ‌This‌ Term‌
TITLE VII AND SEXUAL ORIENTATION

October 1, 2019 by Dan McCue
U.S. Supreme Court building. (Photo by Dan McCue)

This year’s term begins Monday, Oct. 7, and will extend into late June, encompassing the presidential primaries and ending just before the Republicans and Democrats host their presidential nominating conventions.

As always, one can expect the Justices’ statements from the bench during hearings, the court’s rulings, and the makeup of the majorities in those rulings, to invite intense scrutiny.

Among the high-profile issues they’ll tackle early in the term are the fate of the Deferred Action for Childhood Arrivals (DACA) program and whether Title VII employment discrimination protections extend to members of the LGBT community.


You can read previews of the other cases here:


TITLE VII AND SEXUAL ORIENTATION

The court is wasting no time in getting to three cases dealing with the question of whether Title VII of the Civil Rights Act of 1963 protects employees from discrimination based on their sexual orientation or trans status.  It has scheduled oral arguments on the cases next Tuesday.

In Altitude Express v. Zarda, the Court will review a holding by the en banc Second Circuit that Title VII prohibits discrimination based on an employee’s sexual orientation. After Daniel Zarda sued his former employers, a New York skydiving company, for firing him due to his being gay, the Second Circuit held that Title VII, which prohibits discrimination “because of sex” applied, and that Zarda therefore had properly alleged a valid cause of action.

In the second of the consolidated cases, Bostock v. Clayton County, Georgia, the court will consider the same question, after the Eleventh Circuit decided Title VII protections did not extend to Gerald Bostock, a child welfare services coordinator who argued he was fired from his county job when it was discovered he is gay.

The third case accepted for review raises the question whether Title VII prohibits discrimination based on gender identity or trans status. In R.G. & G.R. Harris Funeral Homes v. EEOC, prior to transitioning and while still presenting as a man, Aimee Stephens had spent several years successfully employed by a small funeral home. Upon notifying the owner that she would be transitioning and would be wearing women’s attire, she was fired in accordance with the employer’s view of “God’s commands.” Stephens prevailed in arguing she was entitled to Title VII protections in the Sixth Circuit. The Supreme Court will consider whether Title VII bars discrimination against employees because of their transgender status.

“What is at stake in these cases is whether or not LGBT employees will be found to have protections against workplace discrimination under federal law,” said Rutgers’ Katie Eyer.

“I don’t think most people realize that there is still no federal law that explicitly includes sexual orientation and gender identity as discrete protected classes for the purposes of employment,” she said.

“All of these cases base their arguments on the fact Title VII, the core federal employment discrimination law, prohibits discrimination ‘because of sex,'” she said. “Here the plaintiffs contend that anti-LGBT discrimination is necessarily also ‘because of sex.'”


You can read previews of the other cases here:

October 25, 2021
by Victoria Turner
FCC Receives Another $1.3B in Funding Requests for Schools, Libraries, Consortia

WASHINGTON — The Federal Communications Commission continues efforts to close the homework gap, announcing another $1.3 billion in funding requests... Read More

WASHINGTON — The Federal Communications Commission continues efforts to close the homework gap, announcing another $1.3 billion in funding requests were received during the second application window of the Emergency Connectivity Fund program today. This second funding round is poised to support another 2.4 million connected... Read More

October 25, 2021
by Reece Nations
DOD Spending, Contract Obligations by State Rose in 2020

WASHINGTON — The Department of Defense’s Office of Local Defense Community Cooperation released its report on defense spending by state,... Read More

WASHINGTON — The Department of Defense’s Office of Local Defense Community Cooperation released its report on defense spending by state, revealing the department’s contract obligations and payroll spending across all 50 states and Washington, D.C. The DOD report was published to highlight DOD’s domestic spending figures... Read More

October 25, 2021
by Dan McCue
White House Issues Detailed Requirements for Foreign Travelers Entering US

WASHINGTON — The Biden administration on Monday released granular new details on the international travel policy set to go into... Read More

WASHINGTON — The Biden administration on Monday released granular new details on the international travel policy set to go into effect on Nov. 8. In a conference call with reporters senior White House officials reiterated the administration’s original announcement: Namely that all non-citizen, non-immigrant air travelers... Read More

UN: Greenhouse Gas Levels Hit a New Record, Cuts Fall Short

GENEVA (AP) — Greenhouse gas concentrations hit a new record high last year and increased at a faster rate than... Read More

GENEVA (AP) — Greenhouse gas concentrations hit a new record high last year and increased at a faster rate than the annual average for the last decade despite a temporary reduction during pandemic lockdowns, the World Meteorological Organization said in a report published Monday. The news... Read More

Opponents of Critical Race Theory Seek to Flip School Boards

GUILFORD, Conn. (AP) — A racial reckoning began years ago for the Guilford school system, first with an episode in... Read More

GUILFORD, Conn. (AP) — A racial reckoning began years ago for the Guilford school system, first with an episode in which a student wore blackface makeup to a home football game and then a fraught debate over the elimination of its mascot, the Indians. After the... Read More

Biden 'Positive' on Budget Deal; Manchin OK With Wealth Tax

WASHINGTON (AP) — Pivotal Democratic Sen. Joe Manchin appears to be on board with White House proposals for new taxes... Read More

WASHINGTON (AP) — Pivotal Democratic Sen. Joe Manchin appears to be on board with White House proposals for new taxes on billionaires and certain corporations to help pay for President Joe Biden's scaled-back social services and climate change package. Biden said Monday he felt "very positive"... Read More

News From The Well
scroll top