06-15-2020, 01:30 PM
(06-15-2020, 11:53 AM)Belsnickel Wrote: In related news, SCOTUS confirms civil rights protections for LGBTQ employees included in the CRA of 1964. https://www.scotusblog.com/wp-content/uploads/2020/06/17-1618_hfci.pdf
From SCOTUS Blog: "In Bostock v. Clayton v. County, Georgia, the justices held 6-3 that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964."
Tremendous news.
This stood out to me:
"A statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII. There is no escaping the role intent plays: Just as sex is necessarily a but-for cause when an employer discriminates against homosexual or transgender employees, an employer who discriminates on these grounds inescapably intends to rely on sex in its decision making."
"An employer who intentionally fires an individual homosexual or transgender employee in part because of that individual’s sex violates the law even if the employer is willing to subject all male and female homosexual or transgender employees to the same rule. Pp. 12–15. © The employers do not dispute that they fired their employees for being homosexual or transgender. Rather, they contend that even intentional discrimination against employees based on their homosexual or transgender status is not a basis for Title VII liability. But their statutory text arguments have already been rejected by this Court’s precedents. And none of their other contentions about what they think the law was meant to do, or should do, allow for ignoring the law as it is."
I hope we see a domino effect moving forward.