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Supreme Court and LGBT Job Bias

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Kannap
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Supreme Court and LGBT Job Bias

Postby Kannap » Mon Jan 07, 2019 3:15 pm

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Issue: does federal civil rights law protect LGBT workers?


The U.S. Supreme Court relisted for review a trio of cases that address whether employers can discriminate against LGBT workers without violating federal civil rights law.

The justices are now scheduled to consider whether to accept the cases at the court’s Jan. 11 conference.

Relisting a petition for certiorari at more than one conference has, in recent terms, been a sign that the court is more likely to grant review. The cases had been scheduled for discussion at its Jan. 4 conference.

The question in the cases is whether Title VII of the 1964 Civil Rights Act, which bans sex discrimination in the workplace, prohibits discrimination on the basis of gender identity or sexual orientation. Two cases address sexual orientation and the third addresses gender identity.

If the court wants to hold oral argument before the term ends in June, it has to grant review by mid-January so it has enough time to complete briefing. It could grant review after January and schedule argument for the fall.

The cases are R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC, U.S., No. 18-107, relisted 1/7/19; Altitude Express, Inc. v. Zarda, U.S., No. 17-1623, relisted 1/7/19; Bostock v. Clayton County, Georgia, U.S., No. 17-1618, relisted 1/7/19.

Source


So, NSG, what do you think? Do you think that the Supreme Court will choose to review the cases and rule on them with a decision? What do you think that decision would be? Do you believe that worker discrimination laws should be expanded to protect people on the basis of sexual orientation and gender identity?

Personally, I think that this is an issue that needs to be pressed upon. In the continual fight for equal rights, employer discrimination needs to be part of that equality. There are 26 states where you can be fired - or refused employment - for being LGBT. That number drops to 17 states for state government employees. This is an issue, because LGBT people deserve the same employment and workplace discrimination protections that all other Americans get to exercise.

Title VII of the Civil Rights Act of 1964 wrote:It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.


Title VII of the Civil Rights Act of 1964 explicitly states that employers cannot refuse employment on the basis of race, color, religion, sex, or national origin. It is long overdue for the language of Title VII to include sexual orientation and gender identity in the list of discrimination protections. An employer should not be able to refuse employment or terminate employment solely on the basis of sexual orientation or gender identity.

Now that I've answered whether I think the law should be expanded to include sexual orientation and gender identity, I should now answer the other two questions I posed for you. Do I think that the Supreme Court will decide to hear these cases and make a ruling? Yes! I absolutely believe that the present Supreme Court will hear these cases and make a ruling. Now for the unfortunate reality of this: If you'd asked one year ago, while Kennedy was still on the court, then yes I believe the Supreme Court would have ruled in favor of expanding Title VII to include sexual orientation and gender identity. However, looking at the present makeup of the court, I firmly believe the outcome will be the opposite: that the Supreme Court will rule that Federal civil rights law does not protect LGBT workers.

So, what do you guys think?
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El-Amin Caliphate
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Postby El-Amin Caliphate » Mon Jan 07, 2019 3:20 pm

Yeah, employees shouldn't be discriminated against. That's messed up.
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Postby Shrive » Mon Jan 07, 2019 3:20 pm

I agree - middle school softball creep kavanaugh tips the balance to hate too much.

I think it's unfair how politics get in the way of civil rights, but that's your country for you.
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The New California Republic
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Postby The New California Republic » Mon Jan 07, 2019 3:24 pm

I hope that the 1964 Civil Rights Act will be expanded to include LGBT, but I doubt that the current composition of SCOTUS will.
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Washington Resistance Army
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Postby Washington Resistance Army » Mon Jan 07, 2019 3:27 pm

Kannap wrote:So, NSG, what do you think? Do you think that the Supreme Court will choose to review the cases and rule on them with a decision?


I could see arguments being made for both the court taking it and not taking it. RBG's rapidly failing health might dissuade the liberal wing of the court from granting cert in fear of something happening during the case and the makeup becoming 5-3 in favor of the right. Of course RBG could be fine for a bit longer and Roberts could cross sides and vote with the liberal justices and get a 5-4 split. Or the conservative Justices could grant cert in hopes of Roberts sticking with them and saying No 5-4 or 5-3 if something happens to RBG.

Kannap wrote:What do you think that decision would be?


This is one of those times where I'm going to side with the conservative side and say the Civil Rights Act does not apply to sexual orientation as written. If you think it should that's fine but as it's written it currently does not and it would be wrong for SCOTUS to try and rewrite it to say it does. That's the job of the legislature.

Kannap wrote:Do you believe that worker discrimination laws should be expanded to protect people on the basis of sexual orientation and gender identity?


If we're keeping the Civil Rights Act around, yes, but it should be done via legislation.
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Postby Aclion » Mon Jan 07, 2019 3:28 pm

Washington Resistance Army wrote:
Kannap wrote:Do you believe that worker discrimination laws should be expanded to protect people on the basis of sexual orientation and gender identity?


If we're keeping the Civil Rights Act around, yes, but it should be done via legislation.

This. It's not the job the the supreme court to change the law.
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Postby Internationalist Bastard » Mon Jan 07, 2019 3:32 pm

I’d like to have rights
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Kannap
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Postby Kannap » Mon Jan 07, 2019 3:32 pm

Internationalist Bastard wrote:I’d like to have rights


Equal rights are nice, but there are people who believe that we shouldn't have them.
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Internationalist Bastard
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Postby Internationalist Bastard » Mon Jan 07, 2019 3:34 pm

Kannap wrote:
Internationalist Bastard wrote:I’d like to have rights


Equal rights are nice, but there are people who believe that we shouldn't have them.

Like, I know people who have been fired/not hired for being trans, a d none of them took it to court
It’s a part of my own inability to get a job
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Postby Unithonia » Mon Jan 07, 2019 3:35 pm

Shrive wrote:I agree - middle school softball creep kavanaugh tips the balance to hate too much.

I think it's unfair how politics get in the way of civil rights, but that's your country for you.

So instead of a rapist he's now a creep? How quickly you jump from one to another
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Postby The South Falls » Mon Jan 07, 2019 3:38 pm

I think equal rights should be afforded to everyone.
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Postby Washington Resistance Army » Mon Jan 07, 2019 3:42 pm

The New California Republic wrote:I hope that the 1964 Civil Rights Act will be expanded to include LGBT, but I doubt that the current composition of SCOTUS will.



It's not the job of SCOTUS to expand legislation, that's on Congress. As written CRA64 just doesn't apply to sexual orientation.

Though you could make an interesting argument that it protects trans people.
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Postby The Huskar Social Union » Mon Jan 07, 2019 3:42 pm

The South Falls wrote:I think equal rights should be afforded to everyone.
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Postby Internationalist Bastard » Mon Jan 07, 2019 3:44 pm

Washington Resistance Army wrote:
The New California Republic wrote:I hope that the 1964 Civil Rights Act will be expanded to include LGBT, but I doubt that the current composition of SCOTUS will.



It's not the job of SCOTUS to expand legislation, that's on Congress. As written CRA64 just doesn't apply to sexual orientation.

Though you could make an interesting argument that it protects trans people.

The argument could be made but it hardly helps us
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Sethtekia
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Postby Sethtekia » Mon Jan 07, 2019 3:44 pm

A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.
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Internationalist Bastard
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Postby Internationalist Bastard » Mon Jan 07, 2019 3:46 pm

Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.

Then I’m surely allowed to not let you work at my theoretical business, even if your super qualified
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El-Amin Caliphate
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Postby El-Amin Caliphate » Mon Jan 07, 2019 3:47 pm

Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.

Homosexuals are humans, they aren't impure. Unless you're Christian, in which case Christians shouldn't be touching anything from anyone if we're going by this post' s logic.
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Telconi
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Postby Telconi » Mon Jan 07, 2019 3:47 pm

Ideally, I think these traits absolutely should be protected. Having said that, rather the law as it present exists protects them is a bit dicier. I think gender identity might be a better shot, because while the CRA says "sex" I think a legitimate argument could be made that in the language of the nineteen seventies, what they meant was what we would now call "gender". Sexual orientation I think maybe is a bit harder sell legally.

As to what I think happens, I think more likely than not the decision will be made that it doesn't protect either aspect.
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The New California Republic
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Postby The New California Republic » Mon Jan 07, 2019 3:51 pm

Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore.

Wait, am I missing something here? Do you think that gay people hate books or something?



Sethtekia wrote:Religious rights trump the lgbtq+ rights.

Not really. Context is important.



Sethtekia wrote:This is because Religiously some people cannot let a Gay do any of the work because of contimination.

Contamination? The fuck?



Sethtekia wrote:Not saying all gays are diseased. But to them everything they touch is impure.

What religious text says that?



Sethtekia wrote:we shouldn't be pandering to the less then 5% of the worlds unnatural population.

Except that it is seen in nature.
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Platypus Bureaucracy
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Postby Platypus Bureaucracy » Mon Jan 07, 2019 3:51 pm

You have discrimination even in the public sector? Get your shit together, America.
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Postby Internationalist Bastard » Mon Jan 07, 2019 3:53 pm

Platypus Bureaucracy wrote:You have discrimination even in the public sector? Get your shit together, America.

Yeah civil rights is pulling teeth over here
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Postby Vassenor » Mon Jan 07, 2019 3:56 pm

Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.


US Law is not based on Religion. Never has been and never will be.
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The South Falls
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Postby The South Falls » Mon Jan 07, 2019 3:57 pm

Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.

Yea "unnatural" LGBT people come like that.

Just like I come as a straight guy.
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Telconi
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Civil Rights Lovefest

Postby Telconi » Mon Jan 07, 2019 3:58 pm

Vassenor wrote:
Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.


US Law is not based on Religion. Never has been and never will be.


Verifiably false.
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-3.23 LIBERTARIAN

PRO:
-Weapons Rights
-Gender Equality
-LGBTQ Rights
-Racial Equality
-Religious Freedom
-Freedom of Speech
-Freedom of Association
-Life
-Limited Government
-Non Interventionism
-Labor Unions
-Environmental Protections
ANTI:
-Racism
-Sexism
-Bigotry In All Forms
-Government Overreach
-Government Surveillance
-Freedom For Security Social Transactions
-Unnecessary Taxes
-Excessively Specific Government Programs
-Foreign Entanglements
-Religious Extremism
-Fascists Masquerading as "Social Justice Warriors"

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Washington Resistance Army
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Postby Washington Resistance Army » Mon Jan 07, 2019 3:58 pm

Vassenor wrote:
Sethtekia wrote:A business owner should be allpwed to discriminate who works for them. If a small family bookstore that specializes in religious texts. Or a christian bookstore. Or a muslim bakery. Religious rights trump the lgbtq+ rights. This is because Religiously some people cannot let a Gay do any of the work because of contimination. Not saying all gays are diseased. But to them everything they touch is impure.

It is true though that they are impure as it is a grave sin. And we shouldn't be pandering to the less then 5% of the worlds unnatural population.


US Law is not based on Religion. Never has been and never will be.


On the contrary a great deal of American law, especially in the 1800's and early 1900's was pretty much just Christian Moralism.
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Islamophobia is a virtue
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