Monday, February 26, 2018

News Flash… Appeals Court Rules In Favor Of Sexual Orientation!

The courts has thumbs its nose the Justice Department, the U.S. Court of Appeals for the Second Circuit (Manhattan) has ruled that Title VII does cover sexual orientation.
Sexual-Orientation Bias Violates Law, Appeals Court Says
Bloomberg
By Erik Larson and Jeff Green
February 26, 2018

The LGBT community and its corporate supporters won a legal victory over the Trump administration as a federal appeals court ruled that firing workers over their sexual orientation is a form of sex discrimination.

The landmark Civil Rights Act of 1964, which bars workplace discrimination on the basis of sex, race, color, national origin and religion, covers lesbian, gay, bisexual and transgender employees who complain that they’re discriminated against due to sexual preference, the federal appeals court in Manhattan said Monday.

At least two federal appeals courts have banned discrimination over sexual orientation, while a third appeals court has reached a different conclusion, setting up a possible Supreme Court appeal.

"Sexual orientation discrimination -- which is motivated by an employer’s opposition to romantic association between particular sexes -- is discrimination based on the employee’s own sex," the appeals court said.
[…]
The Trump administration filed a legal brief in support of the skydiving company, based on New York’s Long Island. The U.S. argued that courts must take legislative intent into consideration, and that Congress didn’t have the LGBT community in mind when it crafted the legislation.
Now the Department of Justice has a lot of lawyers they should know about legal precedent… The Supreme Court has ruled that “sex” discrimination also includes “sexual stereotype” and as other federal courts and appeals courts have said what could be more stereotypical of sex than trans people or who a person is attracted to.

This is a big step forward to counter Trump and his stooges cabinet.

No comments:

Post a Comment