Daily Local News (West Chester, PA)

Court: Law protects LGBTQ workers

- By Karen Shuey kshuey@readingeag­le.com @KarenShuey­RE on Twitter

The U.S. Supreme Court ruled Monday that existing federal law forbids employment discrimina­tion on the basis of sexual orientatio­n and gender identity status — a landmark victory for advocates of LGBTQ rights.

The decision found that the barring of workforce discrimina­tion based on race, religion, national origin and sex guaranteed under Title VII of the Civil Rights Act of 1964 also covers sexual orientatio­n and transgende­r status. It upheld rulings from lower courts that said discrimina­tion against members of the LGBTQ community is a form of sex discrimina­tion.

The ruling is significan­t for Pennsylvan­ia, where no such state-level protection­s exist for private sector workers.

Conservati­ve justices John

Roberts and Neil Gorsuch joined the four liberal justices in the 6 to 3 ruling. Justices Brett Kavanaugh, Samuel Alito and Clarence Thomas dissented.

“Today, we must decide whether an employer can fire someone simply for being homosexual or transgende­r. The answer is clear,” Gorsuch wrote. “An employer who fires an individual for being homosexual or transgende­r fires that person for traits or actions it

would not have questioned in members of a different sex. Sex plays a necessary and undisguisa­ble role in the decision, exactly what Title VII forbids.”

The court combined two cases to consider whether LGBTQ workers are protected under the law. The first was a pair of lawsuits from gay men — Gerald Bostock and the late Donald Zarda — who said they were fired because of their sexual orientatio­n.

The second was a lawsuit filed by a transgende­r woman, the late Aimee Stephens, who argued her employer fired her when she announced that she would start wearing women’s clothing to work.

Lawyers for the employers and the Trump administra­tion argued that the common understand­ing of sex discrimina­tion set forth in 1964 was bias against women or men and did not include discrimina­tion based on sexual orientatio­n and gender identity. If Congress wanted to protect homosexual and transgende­r workers, they said, it could pass a new law.

Lawyers for the workers responded that discrimina­tion based on sexual orientatio­n or transgende­r status inescapabl­y intends to rely on sex in its decision making.

Michelle Dech, executive director of the LGBT Center of Greater Reading, said the Supreme Court ruling is a historical milestone.

“This is a great day,” she said. “The most important thing is that it will ensure that every day Americans are able to make a living without fear of discrimina­tion.”

Dech said that, unfortunat­ely, this kind of discrimina­tion happens in Berks County more than people might think.

“Most people think that because we were granted the right to marry that we have all the protection­s as everyone else — and we don’t,” she said. “We can still be fired, we can still be evicted, we can be told to leave restaurant­s. So this is a big step in the right direction.”

Across the country, 21 states have their own laws prohibitin­g employment discrimina­tion based on sexual orientatio­n or gender identity. Pennsylvan­ia is one of eight states that provides that protection only to public employees. Four other states protect

public employees from discrimina­tion based on sexual orientatio­n but not gender identity.

Seventeen states offer no such protection.

For years, a group of Keystone State lawmakers have attempted to pass the P.A. Fairness Act that would prohibit housing and employment discrimina­tion against members of the LGBTQ community. But the effort has been tangled in a debate over whether the law should make exceptions for religious employers and organizati­ons.

In the meantime, more than 40 municipali­ties have enacted their own ordinances banning discrimina­tion based on sexual orientatio­n or gender identity in employment, housing and public accommodat­ions. Reading has been on that list since 2009.

Monday’s ruling means federal law now provides workplace protection­s nationwide.

“This is a huge victory for LGBTQ equality,” said James Esseks of the American Civil Liberties Union. “The Supreme Court’s clarificat­ion that it’s unlawful to fire people because they’re LGBTQ is the result of decades of advocates fighting for our rights. The court has caught up to the majority of our country, which already knows that discrimina­ting against LGBTQ people is both unfair and against the law.”

Esseks added that while this ruling is a step forward, there are still significan­t gaps in federal civil rights law that Congress must fill by passing the Equality Act.

“Our work is not done,” he said.”Today’s decision should mean that LGBTQ people are protected from discrimina­tion not only in employment, but in every context under federal law where sex discrimina­tion is prohibited. In addition to employment, federal laws against sex discrimina­tion cover housing, education, health care, jury service and credit.”

Dech agrees that there is still work to be done at both the federal and state level.

“We see this as a path forward to further protection­s, and when I say further protection­s I mean the protection­s that everyone else is granted,” she said. “We think this ruling will have a positive impact on legislatio­n that will some of those gaps moving forward. This is significan­t and this is something to celebrate.”

 ?? ASSOCIATED PRESS ?? In this June 2013, gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court in Washington. The justices ruled Monday that federal law prohibits employers from discrimina­ting against employees based on sexual orientatio­n or gender identity.
ASSOCIATED PRESS In this June 2013, gay rights advocate Vin Testa waves a rainbow flag in front of the Supreme Court in Washington. The justices ruled Monday that federal law prohibits employers from discrimina­ting against employees based on sexual orientatio­n or gender identity.

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