(Photo Credits: Shealah Craighead [Public domain])
The Trump administration filed an amicus brief with the Supreme Court saying that employment discrimination, including firing of workers based on sexual orientation, is legal under the federal civil rights law. A similar brief was filed on August 16, 2019 for gender identity saying that transgender workers are not protected by law.
The move was made several weeks before the Supreme Court hear oral arguments on three job discrimination cases—two on sexual orientation and one on gender identity—as to whether Title VII of the Civil Rights Act of 1964 include sexual orientation as a protected class and whether it applies to cases of LGBT discrimination or not.
According to CNBC, the cases “could for the first time resolve at a national level whether lesbian, gay, bisexual and transgender workers can be fired based on their identity.”
The aforementioned cases are the Altitude Express Inc. v. Zarda consolidated with Bostock v. Clayton County, Georgia. In the former, Zarda, a skydiving instructor, claimed he was “fired because of his sexual orientation and also because he did not conform to male gender stereotypes.” In the latter, Bostock was a child welfare services coordinator since 2003 who had consistently “received positive performance evaluations and numerous accolades” at work. Bostock was fired in 2013 because of “conduct unbecoming of its employees” shortly after he began participating in a gay recreational softball league. Lastly, in R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commission, Aimee Stephens had been the funeral director at R.G. and G.R. Harris Funeral Homes for almost six years but was promptly fired after she told her employer that she is a transgender woman.
There is a long-standing argument regarding Title VII of the Civil Rights Act of 1964, a civil rights and labor law that prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. But the brief filed by the Justice Department says that the law prohibiting employment discrimination based on sex does not extend to discrimination based on sexual orientation. According to BuzzFeed, here are some of the reasons mentioned and we quote:
- Title VII’s prohibition on discrimination because of sex does not bar discrimination because of sexual orientation.
- The ordinary meaning of ‘sex’ is biologically male or female; it does not also refer to sexual orientation.
- An employer thus discriminates ‘because of … sex’ under Title VII if it treats members of one sex worse than similarly situated members of the other sex. Discrimination on the basis of sexual orientation, standing alone, does not satisfy that standard.
A senior staff attorney for the ACLU named Ria Tabacco Mar said in an interview with the Washington Blade that the brief “defies logic and common sense” and that it is “unmoored from basic legal principles.” Mar said, “They admit it is unlawful to fire gay men or lesbians, but claim it is perfectly fine to fire gay men and lesbians. And they concede that employers may not penalize workers based on ‘gender norms,’ yet assert that discriminating based on moral beliefs about sexual or marital relationships has ‘nothing to do with’ gender norms.”
The outcome of the hearing on October 8 will ultimately “help decide the future of gay and transgender rights in America,” Vox said.
You can read the brief for sexual orientation in full here and for gender identity here.
I enjoy checking out A4A for fun and adventures…and hardly ever find any TURN OFFs while browsing through the profiles and a4a pages and blogs….until this creepy clown pic showed up on the BLOG concerning Rights and the Supreme Court.
Could you please remove this ugly face?
I agree, let me replace it.
What the hell Dave, One comment and you remove a pic? You want to talk trash about our President and let others do the same on this blog, show his pic. I may not always agree with our President but he the elected leader of the United States. He is also a citizen of our country. He has the right to free speech as everyone else. It is not up to him if it is right or not to fire gay men just for being gay. As you said it is up to the Supreme court. Yes I voted for… Read more »
I don’t like Trump and I agree that I dont wanna see his horrible le face on A4A. That’s all.
I hope he doesnt get elected. Other questions?
Thanks for sticking to your convictions!
(and I am an embarrassed republican proud to say that I didn’t vote for him.)
I bet he was one of the few that actually showed up to Boston’s str8 pride day. Besides, I am sure he would be afraid of catching something if he was on A4A
If this was Obama and someone had said similar you would’ve been screaming racist at them the whole time. I don’t care who people want to vote for or support/not support. But the hypocrisy on both sides is staggering.
Honey, Obama would not do that. Periodttt!
Proud Trumpeter … Thank you. President Trump (that is how he was elected to be called) was elected by the people of the USA as President. Like him or not, as was the same with his predecessor, that is how he should be referred to. Anyone who refers to him as anything less totally disrespects hundreds of millions of voters.
Hunter0500, he was NOT elected by the people. He was elected by the Electoral College. If the people had their way, he would not be the POTUS. Remember he lost the popular vote by nearly 3,000,000 votes..the largest loss in history.
Proud dude, I’m not going to trash OUR President or you because this is about a supreme court decision we’re talking about. As a African American man, you noticed I said our President because he is. Policies aside, how could you vote for a pathological liar? You probably saying all politicians lie but he’s a proven liar. Promised I wouldn’t trash him but you already know what he said about Mexicans and the congressional women of color. You know what he said about the white supremacist group that violently protested in Charlottesville. You know he called certain dark countries shit-hole… Read more »
what are we in the 1950s?! why would people even consider this kind of discrimination a good thing?! republicans are so called prolife, but they like to fuck your adult life if you’re not white straight christian male smh! not surprised since Trump promotes the Trans ban in the military. So how’s Trump working for ya Log Cabin Republicans eh?
The problem with this like so many things in this life ….is just like you stated that they -the Log Cabin Republicans are more than likely white Christian males but who happen to be gay But what the problem is -you’re talking about this disgusting occupant who’s acting “ POTUS” who acts more like a indecisive child , a big man child billionaire playboy which daddy gave his trust fund and has been going through his life he has done nothing but become this self made billionaire by Not pay his taxes and other back alley dealings , other stuff… Read more »
Discrimination of any kind is not only wrong it’s against the law. No matter how much they want to begin to use this kind of practice to stoke fear in many people in this country, we cannot allow for this to become normal every day procedure. Day after day some new bs controversial act from the drumpf administration, makes us feel like we don’t belong in our own country. Remember during drumpf’s campaign he said that he supported the LGBTQ community, now we find out it was another lie. How can we put trust or confidence in our government, when… Read more »
Bake the damn cake.
Actually it isn’t necessarily the law, that is what the cases will determine. I think the actual issue is that sexual orientation IS NOT sex, and thus they are correct. I think we need the law to be changed to include sexual orientation. It can be ok to say what current law IS, and then discuss what it should be. But let’s just all scream at each other because everyone just wants to root for their “team” for whatever reason.
Sorry, but only discrimination based on the attributes listed in the civil rights law is illegal. As things stand right now, t’s perfectly legal for me to say e.g. “No Republicans” to a job applicant or a renter, or even a customer.
If Facebook is allowed to block conservative postings because “hey, they’re a private company!” then other private companies should be allowed to discriminate as well. We can’t have our cake and eat it, too.
If you really REALLY try to keep tabs on the source to the biggest problem of having a Fed government not supporting same sex relationships/etc….the source is not so much TRUMP….the big problem is his white shadow….VPPence.
it’s exactly that situation that makes me shake my head in disbelief at all the “IMPEACH!!” crowd. Yeah, impeach Trump. Then PENCE will be president! I’m sure you’ll LOVE that!
What I find to be really funny is about 20% of the LGBTQ community voted for this man in 2016 so you people just voted for the downfall of your own community and Ii bet you will still vote in 2020 for Trump LMFAO
In a true free market, you should be able to fire/hire whoever you want and let the market correct for what people do want. Not the government, which as a republic I’d prefer to see the states be more proactive.
20% of LGTBQwhatever individuals realized that they had concerns more important than just their sexuality (the economy, jobs, terrorism, etc.) In ’16, they felt that the candidate offered by the Democratic Party came up short in those areas. Unfortunately, with the current disarray of bickering by over 20 Democratic candidates (no firm agendas, no firm plans for action to move the US forward with only shotgun shots about “sexy” topics such as student loan foregiveness, immigration laws reform, healthcare, etc.), the Party is marching down the same path toward giving the Whitehouse to the Republicans again.
I’m not talking about just sexuality but the rights that are being taken away from people who live in a democratic society and again jobs, economy, domestic terrorism is important but the funny thing is he’s done not one thing to improve or make toward improving these issue but he can make a quick and decisive blow about this which I think is very low on the scale of problems facing this country I don’t give a fuck about Dems or Republicans cause clearly neither party has shown a clear cut agenda for this country going into the future so… Read more »
This is exactly what I came here to say. I absolutely do not understand people who vote against their own interests. I think it’s the idea that “it won’t happen to me” but stuff like this leads us down a slippery slope.
I wonder if it has or will dawn, on the minds or those whom still have-can access their minds, will realize, before it’s too late, what conservatism, politically speaking, what that really means-entails. Physically, mentally, ethically, civically: It means this, I, have no rights whatsoever to the aforementioned dynamics, as it relates to 1. first-class citizenship, which means…not provided, currently anyway. 2. No protection against physical abuse, often life threatening, being black and gay-simultaneously. 3. Increasingly, no democracy or voting rights as a multi-generational citizen (since slavery) Lets look forward, into the future of this backwards trend. Sites like this… Read more »
I’m not sorry, since the LGBTQ voted for him. They’re racist within the LGBTQ community. =(
The real issue is that the Title VII of the Civil Rights Act of 1964 was not written with sexual orientation in mind. Not intentional, of course. Orientation just wasn’t on the table at that time. Pro-LGTBQwhatevers are looking to shoehorn protection in. Others say, “Orientation wasn’t part of the law.”
Let’s not kid ourselves; both Parties would undoubtedly take an opposite view if doing so supported their agendas.
The Act needs amending. But of course, the Parties are much happier with hateful indignant bickering than working together and amending it.
That transgender firing is based on the fact that someone switched physical gender to match psychological gender, is indeed discrimination based on sex. That is patently obvious. Firing of someone for sexual orientation is sex discrimination, once removed: it fires someone based on how he interacts with a given sex. If he dated a woman, he is fine, but if he dated a man, he is gone. That is discrimination based on sex. The law does not apply a possessive pronoun in its wording, so if we fire A because of the sex of his lover, B, that is discrimination… Read more »
Hmmm…let me see if I follow this logic correctly. If firing someone because of sexual orientation is legal, which seems to stem from religious beliefs, then I can be fired because I’m an atheist!?
What’s next? I like broccoli and my boss doesn’t…so I need to start looking for other employment…ROFLMFAO!!!
Sorry, but transgender is not a protected species. Only thing worse than fish on the job is fake fish. Extra drama, and employers aren’t likely to want to deal with it. Sorry ‘Girls’, have to leave that foolishness at the T Bar
Title VII of the Civil Rights Act of 1964 is not ambiguous. Congress has had decades to amend this law as only congress can. The issue is with Pelosi and company who have the power to legislate and clarify the language of Title VII. Contact your congress person and demand that this be done NOW!
Sexual definition according to Websters,,, sexual: of, or related with (sex or the sexes)
having or involving sex…
Discrimination definition according to Websters,,, the act, practice or an instance to discriminate categorically rather than individually
put the two together and see the real answer that no court could deny
The sooner Trump gets out of office the better! We are loosing all our rights as gay, bi, and transgender people. Also he is very racist. He is only for the rich, white, conservative, families and people. So much discrimination. And it’s getting worse.
Nothing worse than stepping in dogshit someone forgot to remove from the sidewalk. Vote Democratic, they give a shit but not the kind they rub in your face. Always a matter of misinterpretation with the moral majority so fondly embraced by the Republican party. Shame on their willful misconduct!
And yet there are still gay men and women who support this dofus. You get the leadership you deserve.
The blame goes to Congress. They are the branch of government for making the laws and responsible for amending laws..
The 3 Branches are Government are:
You can’t blame the administration for everything. We, the people,
elect our representatives, they work for us.
Don’t re-elect a Congress person that is not doing their job to your liking.
As a gay man, transgender people are NOT my people. Gender queer people are not my people. Lesbians are not my people. We are so NOT in this together.
And YOU are not my people either!
“I did not stand for the Indian, ’cause I’m not Indian, I did not stand for the African ’cause I am not African, nor, did I stand for the Asian, cause I’m not Asian, either. When they came for me, there was no one left to stand for me, ’cause I stood for no one…..
In a word SOLIDARITY!!!! We’re all threatened, you’re not hetero!!!
Thanks Lamar for trying to educate him…
We already covered this, Dave. Zarda got fired for feeling up women and then claiming he was gay when they bitched about it. He’s dead now, by the way. Bostock got fired because he pissed somebody off in the county government which brought on an audit, the results of which, didn’t look good so they let him go or he dragged up under pressure. Aimee Stevens got run off for refusing to dress like a male as expected of somebody with a pair of nuts in the funeral business. The employer gave him/her several opportunities to comply with the company… Read more »
I don’t think you like queers either, let alone people of color, additionally, I think you have some rather ambivalent feelings about your being queer; powerless against your urges, however. You’d rather troll, hang in the dark corners of existence, you’re very self-loathing. “White and republican,” affiliations, these are your validations, the only thing you have to cling to. As there isn’t much else, you’re not strong in any sense of the meaning, cowardly, really. I know, in public someone pointing you out as GAY, you’d shrivel-up, you can’t stand on you’re own. Say what you will about black people,… Read more »
Lamar, you’re right. I don’t like good percentage of gay people because they, like you, always tend to have a “poor me syndrome”. They want to blame society for themselves. I’ve said it before and I’ll say it again, you will remain a loser in life if you don’t take some time to get a deep introspective look at yourself and figure out you are not the center of the universe. You were born into a world and have failed to adapt to it because you’d rather sit around having a pity party over your blackness and gayness when that… Read more »
Wow, you act, as though there is no bias, period, and you know better than that, somewhere, in that simplistic head of yours; totally in denial. Black people have been lynched, burned shot in church, all in the 20-21st century, mind you. Gay men have attacked and murdered, all in the 20th century once again. I’m a civic-minded, happy- to- be- me, man. Unlike you, some cowardly self hating-God knows what. I do, understand how it works, if, we as black people were to except, as you seemingly suggest, we would still be strung from trees! The way the world… Read more »
People are commenting in agreement for this action and the republican party is proactive in changing the country. In the 4yrs they have been in power we have NO healthcare Big Pharm companies still raising the cost of prescriptions ( So what were they doing in the WH eating fast food and talking about Obama) we are about to have a recession only the 1% benefitted from the new tax plan people still work 3to4 jobs minimum wage is the same black unemployment is still the highest in the country (Trump has done lesser for blacks regardless of what he… Read more »
[…] But, US took a step back when the Trump administration filed an amicus brief with the Supreme Court saying that employment discrimination, including firing of workers based on sexual orientation, is legal under the federal civil rights law. A similar brief was filed on August 16, 2019 for gender identity saying that transgender workers are not protected by law. Meanwhile, homophobia and transphobia was declared illegal in Brazil while World Health Organization (WHO) removed transgender from the list of mental disorders. […]
[…] year, the Supreme Court heard oral arguments on three job discrimination cases—two on sexual orientation and one on gender identity—as to whether Title VII of the Civil […]