Court: Workplace discrimination against gays is prohibited by federal law
Source: The Washington Post
By Sandhya Somashekhar April 4 at 10:02 PM
A federal appeals court ruled Tuesday that workers may not be fired for their sexual orientation, becoming the highest court in the country to find that the 1964 Civil Rights Act protects gays from workplace discrimination and setting up a possible Supreme Court battle.
The U.S. Court of Appeals for the 7th Circuit, based in Chicago, found that instructor Kimberly Hively was improperly passed over for a full-time job at Ivy Tech Community College in South Bend, Ind., because she was a lesbian. While the Civil Rights Act does not explicitly prohibit discrimination on the basis of sexual orientation, it bars sex discrimination; the court concluded that the college engaged in sex discrimination by stereotyping Hively based on her gender.
“Hively represents the ultimate case of failure to conform to the female stereotype … she is not heterosexual,” Chief Judge Diane Wood wrote in Tuesday’s opinion. “Hively’s claim is no different from the claims brought by women who were rejected for jobs in traditionally male workplaces, such as fire departments, construction, and policing.”
The ruling echoes those of a number of lower courts, which have also concluded that discrimination against gays is a prohibited form of sex stereotyping. It conflicts, however, with others, including a ruling last month by a three-judge panel of the U.S. Court of Appeals for the 11th Circuit in Atlanta, which interpreted Title VII of the Civil Rights Act more narrowly and found that sexual orientation is not a protected class under that law. A split in the circuits could set up a clash before the Supreme Court.
Read more: https://www.washingtonpost.com/news/post-nation/wp/2017/04/04/court-discrimination-against-gays-is-prohibited-by-federal-law/?utm_term=.a6d6afdfa794&wpisrc=nl_headlines&wpmm=1
Court: Civil Rights Law covers LGBT workplace bias
MICHAEL TARM, Associated Press
Published: April 4, 2017, 6:52 pm Updated: April 4, 2017, 7:15 pm
CHICAGO (AP) — A federal appeals court in Chicago on Tuesday ruled that the 1964 Civil Rights Act also protects LGBT employees from workplace discrimination, the first time a federal appellate court has come to that conclusion.
The decision by the full 7th U.S. Circuit Court of Appeals in Chicago comes just three weeks after a three-judge panel in Atlanta ruled the opposite, saying employers aren’t prohibited from discriminating against employees based on sexual orientation.
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The entire court reheard oral arguments in November and directed the toughest questions at a lawyer for the college who argued only Congress could extend the protections. The aggressive questions suggested the court might be willing to expand the 53-year-old landmark law.
Judge Richard Posner asked the attorney for the community college, John Maley: “Who will be hurt if gays and lesbians have a little more job protection?” When Maley said he couldn’t think of anyone who would be harmed, Posner shot back, “So, what’s the big deal?” Posner also said it was wrong to say a decades-old statute is “frozen” on the day it passed and that courts can never broaden its scope. Eight out of the 11 judges who reheard the case, including Posner, were appointed by Republican presidents.
The ruling comes as hopes have dimmed among some gay rights activists that the question will be resolved in their favor following election victories in November by Republicans.
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http://wavy.com/2017/04/04/federal-appeals-court-civil-rights-act-covers-lgbt-workplace-bias/
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