On July 2nd over 200 businesses signed a brief
asking the Supreme Court to rule that Title VII of the Civil Rights Act of 1964
prohibits discrimination based on sexual orientation and gender identity. Over 7 million employees are represented and
more than $5 trillion in revenue, with household names such as General Motors,
The Walt Disney Company, and Marriott International Inc. being a few of
note. Many other companies in the tech
sector are also taking part. The Supreme
Court will hear three separate cases this coming fall. The first is Zarda v. Altitude Express, followed by Bostock v. Clayton County, Ga., and EEOC v. R.G. & G.R. Harris Funeral Homes Inc. The 2nd U.S. Circuit Court of
Appeals in the case of Zarda v. Altitude
Express held that Title VII bans sexual orientation discrimination, while
in the case of Bostock v. Clayton County,
Ga. The 11th Circuit held
that it does not ban sexual orientation discrimination. The opposing rulings left many questioning
and has led to this brief which will hopefully clear up the confusion.
On May 17th of this year the U.S. House of
Representatives wrote the Equality Act, which would explicitly prohibit
discrimination based on sexual orientation and gender identity. Unfortunately, the Senate is unlikely to pass
the bill at this time. This brief is not
the first and probably will not be the last time businesses have asked for
greater rights for the LGBTQ community.
Early in 2018 more than 50 companies urged the U.S. government to uphold
protections for transgender individuals in a letter opposing actions by the
Trump administration. The letter that
was written noted that more than 80% of Fortune 500 companies have gender
identity protections. Also two-thirds
have transgender-inclusive health care coverage. If the Supreme Court were to decline to
recognize LGBT discrimination as a form of sex discrimination, employers must
still comply with state and local laws relating to employment discrimination. Many states have prohibited discrimination
based on sexual orientation, gender identity, or gender expression, but none
have banned all three.
At Converge HR Solutions we can help you navigate through
the changing climate of discrimination laws.
It is important to know your rights both as an individual and as a
company. If you think we can be of
service to you please reach out to us at (610) 296-8550 or info@convergehrsolutions.com.
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