Federal Court Rules
In a significant and meaningful victory for LGBTQ workers, a Federal court in Chicago ruled on Tuesday that the 1964 Civil Rights Act indeed protects persons who identify as LGBTQ from job discrimination, thereby expanding workplace protections in the landmark law to include sexual orientation.
As reported in the New York Times:
“The decision by the United States Court of Appeals for the Seventh Circuit, the highest federal court yet to grant such employment protections, raises the chances that the politically charged issue may ultimately be resolved by the Supreme Court. While an appeal is not expected in this case, another appellate court, in Georgia, last month reached the opposite conclusion, saying that the law does not prohibit discrimination at work for gay employees.
The ruling on Tuesday comes as gay rights advocates have voiced concern about the potential rollback of protections under President Trump. While the Supreme Court legalized same-sex marriage, many other legal protections, including in employment and housing, have not been extended at all levels to gay people.”
Lambda Legal commented on the ruling, as featured in the NYT’s piece:
“Greg Nevins, the employment fairness program director for Lambda Legal, which represented Ms. Hively, called the ruling a “tremendous victory.” He said the Seventh Circuit’s approach to the Civil Rights Act was a momentous shift from past cases.
“The problem with the old decisions was a focus on the words that were not in the statute — ‘We don’t see sexual orientation in the statute, so you lose’ — instead of what is in it: sex discrimination,” Mr. Nevins said in an interview.”
The ruling by the court comes at a time when LGBTQ persons have grown increasingly concerned about their rights. Recently, word came out that gay people would not be counted as part of the 2020 census by the Trump administration. Additionally, Mr. Trump revoked a previously signed executive order by President Obama that afforded employment discrimination in federal hiring.
