Posted by 08 October 2019
Today the Supreme Court is hearing a case that could have far-reaching consequences for the scope of federal anti-discrimination laws.
Gay and transgender individuals are suing over what they deem as illegal firings, arguing that a 1964 federal law protects them from discrimination. Opponents counter that they are stretching the wording of this law beyond what the authors intended.
At question is the wording of the 1964 Civil Rights Act that banned workplace discrimination “because of sex.” Traditionally this law has been held to mean that men and women could not be treated differently in the workplace. However, the Equal Opportunity Employment Commission and some federal judges have held that this law does indeed cover gay and transgender Americans.
The rationale behind this new way of viewing the law is that it is discriminatory to treat men who are attracted to men differently than men who are attracted to women. Under this way of viewing the law, if an employer would not discriminate against a woman who is attracted to a man, then the employer should not discriminate against a man who is attracted to a man.
Those who oppose this line of reasoning counter that the law is clear – it was designed to prohibit employers from treating men and women differently. They note that there has been legislation introduced to amend the 1964 law to include sexual orientation, but Congress has not acted upon it. Some states also have anti-discrimination laws that cover sexual orientation and gender identity.
The high court will likely issue a decision on this case in June 2020.
Do you think that federal anti-discrimination law should cover sexual orientation or gender identity?