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Biden just signed an order enforcing the Supreme Court's historic ruling on LGBTQ+ workplace discrim (Original Post) Gothmog Jan 2021 OP
'An employer who fires an individual employee merely for being gay or transgender violates Title VII elleng Jan 2021 #1

elleng

(131,174 posts)
1. 'An employer who fires an individual employee merely for being gay or transgender violates Title VII
Wed Jan 20, 2021, 10:15 PM
Jan 2021

of the Civil Rights Act of 1964. Justice Neil Gorsuch authored the opinion for the 6-3 majority of the Court.

Title VII prohibits employers from discriminating against any individual “because of such individual’s race, color, religion, sex, or national origin.” Looking to the ordinary public meaning of each word and phrase comprising that provision, the Court interpreted to mean that an employer violates Title VII when it intentionally fires an individual employee based, at least in part, on sex. Discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat employees differently because of their sex—the very practice Title VII prohibits in all manifestations. Although it acknowledged that few in 1964 would have expected Title VII to apply to discrimination against homosexual and transgender persons, the Court gave no weight to legislative history because the language of the statute unambiguously prohibits the discriminatory practice.

Justice Samuel Alito authored a dissenting opinion, in which Justice Clarence Thomas joined, criticizing the majority for attempting to “pass off its decision as the inevitable product of the textualist school of statutory interpretation,” but actually revising Title VII to “better reflect the current values of society.

Justice Brett Kavanaugh authored a dissenting opinion arguing that, as written, Title VII does not prohibit discrimination on the basis of sexual orientation (or by extension, transgender status).'

https://www.oyez.org/cases/2019/17-1618

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