The United States Supreme Court recently took on three cases about discrimination in thw workplace based on sexual orientation and the LGBTQ communities. The courts will be looking at the Civil Rights act of 1964 which prohibits workplace discrimination on the basis of sex and if it applies to the LGBTQ community. Allegations from three individuals have been made that their job has been terminated because of their sexual orientation or identity. The court will specifically be addressing this claim, and will be determining if the “on the basis of sex” appies to the LGBTQ community, and if they can be fired for identifying in that group.
Aimee Stephens, one of the three plaintiffs, is at the center of this debate. Claiming that the funeral home, which employeed Aimee, fired Aimee for being transgender. Stephens wrote a letter addressing the funeral home’s owner and co-workers about the decision to become transgender. Two weeks after this letter was sent, Aimee Stephens was fired from the funeral home.
John Bursch, defending Harris Funeral Homes, argues that the intention and wording of the Civil Rights Act of 1964 clearly indicates biological sex. Fifteen other states support this logic. Solicitor General Kyle Hwakins, Texas, stated, “sex is not the same as sexual orientation and not the same as gender identity.”
A complicated and sticky topic is about to be brought into SCOTUS. This case is crucial in determining how workplaces will have to conduct themselves when hiring and determining personnel decisions. This may very well be a landmark case and shape the future of workplace interactions and employee/employer relationships.
Nina Totenburg - October 8th, 2019
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