Three Landmark Cases That Could Shape Your Workplace Rights
On October 8, the U.S. Supreme Court is set to hear oral arguments in three closely watched cases: Altitude Express v. Zarda, Bostock v. Clayton County, GA, and R.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens. Each case centers on the employment protections that LGBTQ+ people currently rely on.
Altitude Express v. Zarda
This case addresses workplace discrimination tied to sexual orientation. Don Zarda was fired from his job at a Long Island, New York skydiving business after he told a customer he was gay. He filed suit, but a federal trial court dismissed his discrimination claim. Don passed away unexpectedly in October 2014, and the case carried on behalf of his family. In February 2018, the full Second Circuit Court of Appeals held that discrimination based on sexual orientation is a form of sex discrimination barred by Title VII of the Civil Rights Act of 1964. The court reasoned that treating a lesbian, gay, or bisexual person differently because of discomfort with or disapproval of same-sex attraction amounts to discrimination based on sex. In April 2019, the U.S. Supreme Court agreed to take up the case.
Learn MoreBostock v. Clayton County, GA
This case likewise concerns employment discrimination based on sexual orientation. Gerald Lynn Bostock lost his job as a county child welfare services coordinator in Georgia after his employer discovered he is gay. In May 2018, the Eleventh Circuit Court of Appeals declined to revisit an outdated 1979 ruling that wrongly left sexual orientation discrimination outside Title VII's prohibition on sex discrimination, and it denied his appeal.
Learn MoreR.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens
This case addresses employment discrimination based on gender identity or expression. Aimee Stephens worked as a funeral director at R.G. & G.R. Harris Funeral Homes in Michigan. When she told the funeral home's owner that she is transgender and intended to come to work as the woman she is, her employer fired her, calling it "unacceptable" for her to appear and behave as a woman. In March 2018, the Sixth Circuit Court of Appeals ruled that firing her for being transgender violated Title VII of the Civil Rights Act of 1964, the federal law banning sex discrimination in employment. Aimee was the same capable employee before and after her transition; she was dismissed because she took steps to live as the woman she is. That is sex discrimination. In April 2019, the U.S. Supreme Court agreed to hear the case.
Learn MoreJoin the Rally at the Supreme Court
A core value of our nation is that everyone should be able to earn a living and support themselves without fearing discrimination on the job. On October 8, supporters of LGBTQ+ employment protections will gather in Washington, D.C., to put a face and a voice to the overwhelming majority of Americans who believe in this right. Rally with us on the steps of the U.S. Supreme Court and show the country that all Americans deserve fair and equal treatment under the law.
Free buses are available from NYC, and possibly from Philadelphia, for those who wish to attend.
Sign Up for a BusJoin Our Oct. 8 SCOTUS Virtual Town Hall
October 8 @ 5pm PT / 8pm ET — "Post-Argument Analysis." On October 8, 2019, join our panel of experts for a Virtual Town Hall at 5pm PT / 8pm ET. Experts, including some who were inside the Court during oral arguments, will discuss how the arguments unfolded. Panelists will offer analysis of the proceedings along with predictions about possible outcomes and ways you can help support LGBTQ+ employment protections between now and #DecisionDay. Attendees will have time for Q&A, and a recording will be provided to those who sign up.
On October 8, the U.S. Supreme Court will hear oral arguments in three cases: Altitude Express v. Zarda, Bostock v. Clayton County, GA, and R.G. & G.R. Harris Funeral Homes v. EEOC and Aimee Stephens. These cases concern the employment protections LGBTQ+ people currently hold.
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