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DOJ files amicus brief that says Title VII does not protect sexual ...
www.cnn.com/2017/07/26/.../doj-amicus-brief-title-vii-sexual-orientation/index.html
2 hours ago - The Justice Department filed an amicus brief saying that Title VII of the Civil Rights Act doesn't cover employment "discrimination based on sexual orientation.
Justice Dept. Says Rights Law Doesn't Protect Gays - The New York ...
https://www.nytimes.com/2017/07/27/nyregion/justice-department-gays-workplace.html
1 hour ago - The Department of Justice has argued that a major federal civil rights law does not ... The department's amicus brief was filed on Wednesday in the Second ... of Title VII did not bar discrimination based on sexual orientation.Justice Department brief argues against protections for LGBTQ workers
https://thinkprogress.org/lgbtq-discrimination-workplace-c080b2a044e3
21 hours ago - In 2010, Zarda said he was fired because of his sexual orientation. ... reconsidered, which is why the Justice Department planned to file its amicus brief
Trump Administration Argues Federal Civil Rights Law Does Not
www.slate.com/.../trump_administration_argues_federal_law_doesn_t_protect_gay_e...
DOJ files amicus brief that says Title VII does not protect sexual orientation
Story highlights
- DOJ says Title VII doesn't cover employment discrimination based on sexual orientation
- ACLU criticizes DOJ's position as an attack on LGBT people's rights
(CNN)The
Justice Department filed an amicus brief Wednesday saying that Title
VII of the Civil Rights Act of 1964 does not cover employment
"discrimination based on sexual orientation."
The
DOJ filed the brief in the case of Donald Zarda, who had filed suit
against his former employer Altitude Express in a case that questions
whether sexual orientation is included in Title VII's protections.
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
Zarda
was a skydiving instructor who said he was fired after disclosing his
sexual orientation to a customer. He died in a skydiving accident before
the case went to trial, and executors of his estate have continued the
lawsuit on his behalf.
"The sole
question here is whether, as a matter of law, Title VII reaches sexual
orientation discrimination. It does not, as has been settled for
decades. Any efforts to amend Title VII's scope should be directed to
Congress rather than the courts," according to the DOJ's brief.
It concluded "that Title VII does not prohibit discrimination because of sexual orientation."
The
American Civil Liberties Union blasted the DOJ's position as a
"gratuitous and extraordinary attack on LGBT people's civil rights."
"Fortunately,
courts will decide whether the Civil Rights Act protects LGBT people,
not an Attorney General and a White House that are hell-bent on playing
politics with people's lives," said James Esseks, director of the ACLU's
LGBT & HIV Project, in a statement. "We are confident that the
courts will side with equality and the people."
The
DOJ under former President Barack Obama had never gone all the way
toward unequivocal affirmative support of sexual orientation being
covered under Title VII in lawsuits. It simply allowed the Equal
Employment Opportunity Commission, the federal agency charged with
protecting workers against job discrimination, to make the arguments
without incident.
Lower federal courts have been split on this issue for years.
Most
recently, in April, the 7th Circuit Court of Appeals in Chicago ruled
that the Civil Rights Act prohibits workplace discrimination against
LGBT employees. The plaintiff in that case had successfully argued that a
school had violated Title VII when it denied her employment.
The ruling conflicted with a different appellate court ruling -- in the 11th Circuit Court of Appeals -- from March that found that Title VII does not bar claims of discrimination based on sexual orientation.
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