The Supreme Court on Monday took up job discrimination cases that 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 cases come as federal courts as well as independent agencies within the Trump administration remain divided over whether Title VII of the Civil Rights Act, which says that employers may not discriminate based on “sex,” prohibits discrimination based on sexual orientation and gender identity.
There is no national law that explicitly bars discrimination on those grounds. State and local laws barring such discrimination do exist. About half of the country’s LGBT population lives in states that allow employment discrimination based on sexual orientation or gender identity, according to MAP, an LGBT advocacy think tank.
Scotus to take up BIG LGBT employment discrimination cases for next term. At the center of the dispute Title 7 : does it encompass discrimination based on sexual orientation and gender identification? How will the newly solidified Supreme Court rule? https://t.co/xZMxMI94nS
— Ariane de Vogue (@Arianedevogue) April 22, 2019
These cases on LGBT employment protections are the first major test of gay rights at the Supreme Court following the retirement of Justice Anthony Kennedy, the conservative who backed gay rights in a series of major cases. All eyes on his replacement: Justice Kavanaugh
— Lawrence Hurley (@lawrencehurley) April 22, 2019
Supreme Court agrees to hear two major cases involving employment discrimination on the basis of sexual orientation and gender identity. It could expose the true colors of this new court, and leave major questions to Congress on eve of the 2020 election https://t.co/DNAmSZDIa1
— Jessica Schneider (@SchneiderCNN) April 22, 2019