Tag: Title VII

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Federal Appeals Court Rules Civil Rights Act Of 1964 Bans Anti-Gay Discrimination In Workplace

In a huge win for the LGBTQ community, the 2nd Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 bans anti-gay discrimination.

The case examined whether Donald Zarda, a now-deceased skydiver who alleged he was fired from Altitude Express for being gay, could sue under existing civil rights law because sexual-orientation discrimination is a form of sex discrimination.

From Dominic Holden at Buzzfeed:

The Court of Appeals for the 2nd Circuit ruled Monday, “We now hold that sexual orientation discrimination constitutes a form of discrimination ‘because of . . . sex,’ in violation of Title VII.” In doing so, the court overruled a lower court — and a precedent from two previous court cases — and remanded the case to be litigated in light of their reading of Title VII.

The decision holds national implications due to its high tier in the judicial system, and because it’s seen as a litmus test of the Trump administration’s ability — or inability — to curb LGBT rights through court activism. The Justice Department had injected itself into the case even though it wasn’t a party to the lawsuit and doesn’t normally involve itself in private employment disputes.

“Sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination,” the majority wrote.

In reaching its decision Monday, the court pointed out that anti-gay discrimination would not exist “but for” a person’s sex. That is to say, gays, lesbians, and bisexuals would not experience this type of unequal treatment had been born a different gender, or were attracted to a different sex.

Robert A. Katzmann, the 2nd Circuit’s chief judge who authored the majority ruling, was joined by nine other judges while three judges dissented.

This ruling is also a blow to the Trump administration which was not a party to the case.

The Justice Department sent Deputy Assistant Attorney General Hashim Mooppan to take part in oral arguments in September arguing that despite Title VII employers should be able to fire workers for being gay.

Zarda had apparently told a female student as they prepared for a sky-diving jump that he was “100 percent gay” in an attempt to make the woman less anxious about the close physical contact involved in being strapped to her instructor.

The woman’s boyfriend complained to the school about the encounter, and that led to Zarda’s dismissal.

This ruling now allows Zarda’s estate to file a discrimination lawsuit against Altitude Express.

The case was heard by all 13 eligible judges of the 2nd Circuit, known as an en banc hearing, meaning the only option for left for the haters is to head to the U.S. Supreme Court.

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U.S. Supreme Court Refuses Appeal Of LGBT Lambda Legal Employment Discrimination Case

From Lambda Legal:

Today, the U.S. Supreme Court announced it will not review the Lambda Legal case on behalf of Jameka Evans, a Savannah security guard who was harassed at work and forced from her job because she is a lesbian.

“By declining to hear this case, the Supreme Court is delaying the inevitable and leaving a split in the circuits that will cause confusion across the country,” said Greg Nevins, Employment Fairness Project Director for Lambda Legal.

Several federal courts have affirmed the argument that Title VII of the Civil Rights Act, when properly understood, protects LGBT employees. Most notably, the full Seventh Circuit overruled four of its precedents and ruled in April that Lambda Legal client Kimberly Hively could proceed under the Civil Rights Act with her claim that Indiana-based Ivy Tech Community College discriminated against her because she is a lesbian.

In April of 2015, Evans filed a lawsuit in U.S. District Court for the Southern District of Georgia against her former employer, Georgia Regional Hospital, arguing that the hospital violated Title VII of the Civil Rights Act by discriminating against her because of her sexual orientation and her nonconformity with gender norms of appearance and demeanor.

The district court dismissed the case. In January of last year, Lambda Legal filed an appeal on Evans’ behalf, arguing that she must have her day in court, citing rulings by several federal district courts and the Equal Employment Opportunity Commission (EEOC) finding that sexual orientation discrimination is a form of sex discrimination and thereby a prohibited employment practice.

On March 10, 2017, a three-judge panel of the Eleventh Circuit held that it was compelled by a 1979 ruling to reject Evans’ sexual orientation discrimination claim.

Lambda Legal asked the whole court to rehear the case so that it could reexamine the 1979 precedent, but unlike the Seventh Circuit and Second Circuit, the full Eleventh Circuit Court of Appeals declined to rehear the case on July 6. Citing a clear conflict among the circuits, Lambda Legal filed a petition asking the U.S. Supreme Court to review the case. Today, the Supreme Court denied review.

Evans is part of Lambda Legal’s efforts to establish and enforce employment discrimination protection for all LGBT people and everyone living with HIV. 

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Attorney General Sessions Reverses Course On Policy Protecting Transgender Folks In Workplace

Attorney General Jeff Sessions

Deeply disappointing but not a surprise by any means, Attorney General Jeff Sessions announced today that his Department of Justice has reversed course on the Obama era position that federal law bans sex discrimination in the workplace.

Going forward the DOJ’s position is that Title VII does not offer any protections for transgender individuals in the workplace.

From Reuters:

The memo sent to U.S. Attorneys’ offices on Wednesday by Attorney General Jeff Sessions says Title VII of the Civil Rights Act of 1964 only prohibits discrimination on the basis of a worker’s biological sex, and not their gender identity.

Sessions rescinded a Justice Department memo from 2014 that said Title VII does protect transgender people, a position also taken by several federal appeals courts in recent years.

It was the Trump administration’s latest move to roll back Obama administration policies on LGBT issues. In August, President Donald Trump signed a memo directing the U.S. military not to accept transgender men and women as recruits, reversing a policy that allowed transgender people to serve openly.

And last month, the Justice Department appeared before a federal appeals court in Manhattan to argue that Title VII does not provide protections to gay and lesbian workers.

Yet another hostile move against the LGBTQ community from Donald “Better for the Gays” Trump.

Here’s just a few of the LGBTQ advocacy groups responding to the memo.

Stacey Long Simmons, Director of Advocacy and Action, National LGBTQ Task Force:

“This memo contradicts what is already established legal precedent. Courts across the country have agreed that sex protections include gender identity. The plain truth is that Attorney General Sessions is running the Justice Department with a clear anti-transgender bias, not current law.

“This is only the latest example of the administration’s broad reaching anti-LGBTQ policy changes. There is a pungent stench coming from the Trump/Pence Administration and its actors.”

Kellan Baker, Board of Directors, Equality Federation

“Sessions’ shameful memo is yet another purely political attack on some of the most vulnerable members of our community: transgender people like me.

“The vast majority of Americans and the courts agree that transgender people should have a fair opportunity to provide for ourselves and our families, free from discrimination on the basis of who we are.

“Even as this administration continues its attacks on LGBTQ communities and on our friends and allies, we will continue our fight to live and work safely and with dignity in the communities we call home.”

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7th Circuit Court Of Appeals Rules Civil Rights Act Of 1964 Protects LGBTs From Workplace Discrimination

The Associated Press is reporting that the 7th Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act of 1964 protects LGBTs from workplace discrimination.

Normally, a case would be heard by three judges on the court, but this was heard by the full 7th Circuit Court of Appeals. The judges ruled 8-3 that Title VII protects LGBTs in the workplace.

This is WAY huge.

The decision by the 7th U.S. Circuit Court of Appeals comes after it threw out a July finding by three of its own judges that the law doesn’t cover sexual-orientation bias and ordered a rare rehearing by the full court, a rare session known as an en banc hearing.

It also comes as President Donald Trump’s administration has begun setting its own policies on LGBT rights. Late in January, the White House declared Trump would enforce an Obama administration order barring companies that do federal work from workplace discrimination on the basis of sexual identity. But in February, it revoked guidance on transgender students’ use of public school bathrooms, deferring to states.

The Hively case stems from a lawsuit by Indiana teacher Kimberly Hively alleging that the Ivy Tech Community College in South Bend didn’t hire her full time because she is a lesbian. The entire court reheard oral arguments in November and directed the toughest questions at a lawyer for the college who argued only Congress could extend the protections. The aggressive questions suggested the court might be willing to expand the 53-year-old landmark law.

Judge Diane Wood called it a “common-sense reality that it is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex.”

The 7th Circuit covers federal lawsuits out of Indiana, Illinois, and Wisconsin.

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Equal Employment Opportunity Commission – Civil Rights Act Of 1964 Covers Sexual Orientation

The Equal Employment Opportunity Commission has issued a ruling that acknowledges existing civil rights law –  in the form of Title VII of the Civil Rights Act of 1964 – outlaws discrimination in the workplace based on sexual orientation.

Chris Geidner at Buzzfeed has the details:

“[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex,” the commission concluded in a decision dated July 15.

The independent commission addressed the question of whether the ban on sex discrimination in Title VII of the Civil Rights Act of 1964 bars anti-LGB discrimination in a complaint brought by a Florida-based air traffic control specialist against Transportation Sec. Anthony Foxx.

The ruling — issued without objection from any members of the five-person commission — applies to federal employees’ claims directly, but it also applies to the entire EEOC, which includes its offices across the nation that take and investigate claims of discrimination in private employment. And, while only the Supreme Court could issue a definitive ruling on the interpretation, EEOC decisions are given significant deference by federal courts.

This isn’t the Employment Non-Discrimination Act we all would like to see become law, it is a clear decision in the right direction. This decision could very well lead to nationwide protections for gay, lesbian, and bisexual workers in the U.S.

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Department Of Justice Says Title VII Bans Workplace Discrimination Against Transgender People

According to a memo released by US Attorney General Eric Holder, the Department of Justice will now interpret Title VII of the Civil Rights Act as explicitly prohibiting workplace discrimination against transgender people.

The AP reports that “in defending lawsuits, the federal government also will no longer take the position that Title VII of the federal Civil Rights Act, which bans sex discrimination, does not protect against workplace discrimination on the basis of gender status.”