Tag: Bostock v. Clayton County

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Not So Sweet: 3 LGBTQ Employees Fired From Bakery In One Month

Dessert Gallery Bakery and Cafe
Dessert Gallery Bakery and Cafe
Dessert Gallery Bakery & Cafe (image via Instagram)

Two separate lawsuits alleging anti-LGBTQ discrimination and harassment have been filed against Dessert Gallery Bakery in Houston, Texas.

According to the filings in federal court, Gilbert Johnson, a gay man, and Katherine Phillips, a lesbian woman, say they were terminated based on their sexual orientation.

But last summer, the U.S. Supreme Court ruled in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against LGBTQ people.

Attorney and LGBTQ activist Fran Watson, representing both Johnson and Phillips, cited the Bostock decision in her lawsuits.

Johnson, who had worked at the bakery as a general manager, says he began to be treated differently by his supervisor after being on the receiving end of ‘sexualized commentary’ from his supervisor’s husband.

Among his responsibilities was hiring new employees. But according to OutSmart Magazine, Johnson alleges that when his supervisor discovered he had hired a transgender woman, he was no longer allowed to hire employees.

Johnson added that he was “bombarded” with questions regarding the trans employee accessing the restroom.

(image via Instagram/DessertGalleryBakery)

Phillips, who was fired just a day after Johnson, says that she was harassed about her sexuality by co-workers about her sexuality and that eventually had a negative impact on upward mobility within the company.

At one point, Johnson promoted Phillips to shift leader, but just one month later she was demoted. A month after that, she was fired. The next day, Johnson was fired.

But wait – there’s more!

The court filing also says the trans woman was fired shortly after Johnson and Phillips.

“Even the best companies make mistakes, and the bias has to be minimized because you’re impacting and interacting with a diverse workforce,” Watson told OutSmart. “Seeing that three LGBTQ people were fired in a month—and two within a day of each other—shows that inherent bias was present. We want the law to remedy that mistake.”

Dessert Gallery has issued a statement about the dual lawsuits saying they have “always been committed to promoting diversity and inclusion in the workplace and our community.”

“We have a long history of celebrating Pride and partnering with, as well as supporting, Houston’s LGBTQIA+ community,” continued the statement. “We take seriously any allegations like those outlined in these complaints but stand firm that these allegations are simply not true.”

The bakery closed by saying, “We believe the proper place to disclose the facts of this case is in the courtroom and look forward to that opportunity.”

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Biden Signs EO Prohibiting LGBTQ Discrimination In Federal Agencies

President Joe Biden issues a statement of full support to LGBTQ+ people on National Coming Out Day
President Joe Biden signs executive order prohibiting LGBTQ discrimination in all federal agencies
President-elect Joe Biden

Just hours after taking the oath of office, President Joe Biden signed 17 executive orders including one prohibiting LGBTQ discrimination in all federal agencies.

The first paragraph of the executive order states, “All persons should receive equal treatment under the law, no matter their gender identity or sexual orientation.”

The order instructs the head of each agency to “review all existing orders, regulations, guidance documents, policies, program or other agency actions” that prohibit sex discrimination to revise and amend such policies to include banning discrimination on the basis of sexual orientation and gender identity.

The order cites the Supreme Court ruling for Bostock v. Clayton County which was handed down on June 15, 2020. The 6-3 decision found that Title VII of the Civil Rights Act of 1964 protects employees on the basis of their gender identity or sexual orientation because such animus is a form of “sex discrimination” which is clearly prohibited under the Civil Rights Act.

In the seven months since the ruling, the Trump administration chose to not implement the ruling. That inaction was consistent with most of the Trump administration’s policies regarding LGBTQ rights and protections.

Biden’s executive order is more expansive than just the Bostock ruling, however.

The order notes that, under Bostock’s reasoning, “laws that prohibit sex discrimination — including Title IX of the Education Amendments of 1972, the Fair Housing Act, and section 412 of the Immigration and Nationality Act — prohibit discrimination on the basis of gender identity or sexual orientation, so long as the laws do not contain sufficient indications to the contrary.”

Biden also addresses how discrimination can often overlap with other forms of prohibited discrimination including animus based on the basis of race or disability. The language specifically notes that “transgender Black Americans face unconscionably high levels of workplace discrimination, homelessness, and violence, including fatal violence.”

The executive order is a great start – especially seeing our new president addressing LGBTQ concerns on his first day on the job. But the order will have limitations in that some civil rights legislation doesn’t name sex as a protected class.

That makes the passage of the Equality Act, which would expand all federal civil rights laws to include sexual orientation and gender identity protections.

Biden has promised to sign the Equality Act, which would add LGBTQ protections to existing federal civil rights laws, into law within his first 100 days. But the impending second impeachment trial of Donald Trump may slow things down a bit.

The Senate Judiciary committee, which would oversee the Equality Act bill, is the same committee now tasked with the impeachment proceedings.

Additionally, Senate Democrats will need ten Republican colleagues to vote in favor of the bill since there’s the 60 vote threshold required to close debate and move to a vote.

Jen Psaki, the new White House press secretary, told the Washington Blade that President Biden plans on issuing an executive order in the next few days that would reverse the Trump administration’s ban on military service by transgender Americans.

Other executive orders signed Wednesday reversed Trump’s Muslim travel ban, stopped construction of the Mexico border wall, and rejoining the Paris climate agreement.