Today, the U.S. Supreme Court will hear three cases that could either take away existing LGBTQ employment protections—or affirm that existing federal law does protect LGBTQ people. This could be the decision that has the most impact on LGBTQ people’s lives—and the lives of our children—in the years to come.
The three cases each involve a person being fired for being gay or transgender. Lawyers for the plaintiffs argue that Title VII of the 1964 Civil Rights Act prevents employers from discriminating against employees because they are LGBTQ. As Diana Flynn, litigation director of Lambda Legal, explains, “Title VII prohibits discrimination against an employee ‘because of’ sex. There is no exception for lesbian, gay, or bisexual workers and no exception for transgender employees. If an employer fires a worker of one sex, in circumstances where it would not fire someone of another sex, it has committed illegal sex discrimination.”
A decision is expected by June 2020 and could have widespread impact. Flynn observes, “Courts tend to interpret discrimination provisions of other anti-sex discrimination laws consistently with Title VII. A favorable decision may protect us in other areas, including education, housing, and healthcare. A loss, on the other hand, could take us back decades.”
Jennifer C. Pizer, Lambda Legal’s law and policy director, and Karen Loewy, Lambda’s senior counsel and senior strategist, add, “While legal rights matter a lot, the Supreme Court’s pronouncements tend to signal acceptable behavior as a social matter, too…. If the Court reads Title VII logically and confirms it protects LGBTQ workers, it will confirm resoundingly that anti-LGBTQ bias is wrong. That statement would be hugely influential.” A loss, however, “would be a message that it’s perfectly legal under federal law to fire, refuse to hire, or otherwise abuse LGBTQ workers…. One or more Court decisions stripping away our incomplete but essential protections in this area would be devastating—worsening poverty, health disparities, and marginalization for many in our communities. The collateral effects for our work in other areas also could be intensely damaging, depending on the Court’s reasoning.”
Remember that more than half of U.S. states have no employment protections explicitly including LGBTQ people. For those of us who are parents, any threat to our employment is a threat to our children and our ability to feed, house, clothe, and educate them. While the case isn’t about parental rights or familial relationships per se, it could nevertheless have a profound effect on our families.
Find a local rally, vigil, or informational event near you today or join in the Virtual Town Hall this evening at 8 p.m. ET/5 p.m. PT. Participants will have time for Q&A and a recording will be provided for those who sign up.
