Friday, January 10, 2025

Not Good News!

The Supreme Court ruled, that we are covered under Title VII and Title IX... but the courts seems to ignore that.

In a highly anticipated decision, the US Supreme Court on Monday ruled that Title VII of the Civil Rights Act of 1964 protects gay and transgender employees from discrimination in the workplace. The ruling resolves what has been a hot-button issue for years, providing much needed clarity about LGBTQ rights to employers and millions of workers in states that have not introduced explicit protections for such workers. And while many employers have already built LGBTQ protections into their workplace policies, it’s a reminder for others about the action they need to now take.
The Ruling

Monday’s decision covers three cases in which gay and transgender plaintiffs alleged they were fired based solely on sex. The issue before the court: whether workplace discrimination based on sexual orientation, gender identity, or gender expression is covered under Title VII’s prohibition against bias “because of … sex.”

[...]

According to the eagerly awaited 6-3 ruling, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

Put more simply: “An employer who fires an individual merely for being gay or transgender defies the law.”
As for Title VII...

President Biden's Education Department finalized new Title IX regulations that, consistent with the Supreme Court's interpretation of Title VII, provide that discrimination on the basis of sex in educational programs encompasses discrimination based on sexual orientation and gender identity.

So it would be surprising that the court finds Title IX doesn't cover us since the language in both laws.
The Hill
by Brooke Migdon
January 9, 2025


A federal judge in Kentucky struck down changes made to Title IX by the Biden administration Thursday, ruling that the new regulations, which had sought to expand nondiscrimination protections for LGBTQ students, violate the Constitution. 

The Education Department unveiled a final set of sweeping changes to Title IX, the federal civil rights law preventing sex discrimination in schools and education programs that receive government funding, in April, including modifying what the law considers sex discrimination to include discrimination linked to gender identity and sexuality. 

More than a dozen Republican-led states sued the Biden administration over the changes, which they argued undermined the landmark law’s original intent of guaranteeing equal opportunities for men and women. Federal courts had already halted the rule from taking effect in 26 states.

[..]

Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky wrote in Thursday’s order that “the three challenged provisions fatally taint the entire rule,” which had also bolstered protections for pregnant students and made changes to guidelines for schools handling claims of sexual harassment and assault. 

“Congress gave the [Education] Department authority to issue rules, regulations, and orders to effectuate Title IX’s prohibition on sex discrimination consistent with the objectives of the statute. However, the Department exceeded that authority in issuing the Final Rule and the text of Title IX shows why,” Reeves wrote Thursday. 
Judge Reeves was appointed by George W. Bush.

But I do not believe that the ruling will not have a big impact because I Trump will change the Dept. Education regulations and the Republicans in Congress want to change Title VII and Title IX.
House Republicans revealed their proposed rules package for the 119th Congress and it includes a measure to restrict Title IX protections for trans people.
Pink News
 By Sophie Perry
January 3, 2025


The proposed rules package – which the incoming Congress is scheduled to vote on this Friday (3 January) – includes a raft of changes to the House’s order of operations such as making it more difficult to remove the speaker of the House, changing the names of committees, eliminate the House Office of Diversity and Inclusion and allowing committees to adopt electronic voting.

As well as this, the 36-page package also set the stage for fast-tracked consideration of several Republican bills, including amending immigration laws, prohibit any moratorium on fracking and define Title IX protections solely on the basis on biological sex – effectively preventing protection from discrimination for trans athletes.

The section focused on Title IX reads: “…amend the Education Amendments of 1972 to provide that for purposes of determining compliance with title IX of such Act in athletics, sex shall be recognized based solely on a person’s reproductive biology and genetics at birth.”
Title VII and Title IX does more than ban discrimination against us! In 1989 the Price Waterhouse v. Hopkins Supreme Court ruling found that sexual stereotyping violated Title VII. 

In their zest to ban anything trans they also ban other people... but they just don't care about the fallout from their animosity against us.
 
How it will affect us here in Connecticut is unknown, Connecticut gender inclusive non-discrimination law should stand but other protections here in the state might be affected.


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