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Supreme Court to Decide Whether Gender Identity, Sexual Orientation Protected Under Title VII - Labor and Employment Law News

Labor and Employment Law News


Posted on: May 1, 2019

Intro by Laurie Martin, Hoover Hull Turner LLP

After declining to address the issue in 2017, SCOTUS is prepared to hear a trio of cases queuing up the question of whether federal employment laws protect individuals from discrimination on the basis of gender identity or sexual orientation. Independent agencies within the Trump administration remain divided on whether federal laws prohibit such discrimination, as to the Circuit Courts of Appeal, with the Second, Seventh and Sixth finding protection under Title VII for gender identity, sexual orientation and/or transgender individuals and the Eleventh Circuit finding no protection. The Court will consider a cases out of Georgia and New York in which employees say they were fired because they were gay, and a third case evaluating whether a Michigan funeral-home chain was within its rights to fire a transgender worker. Click below for a trio of takes on the issues at stake.

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