On Thursday morning, the LGBTQ community is up in arms once again.
The Department Of Justice filed an amicus brief on Wednesday saying that Title VII of the Civil Rights Act of 1964 does not cover employment “discrimination based on sexual orientation.”
Before moving on, you may be wondering what an amicus brief. Publichealthlawcenter.org defines an amicus briefs as “Amicus briefs are legal documents filed in appellate court cases by non-litigants with a strong interest in the subject matter. The briefs advise the court of relevant, additional information or arguments that the court might wish to consider.”
The LGBTQ community is in an uproar.
The Department Of Justice filed this brief in response to the case of a man named Donald Zarda. Zarda had previously filed a suit against his previous employer, Altitude Express, for questioning whether sexual orientation is included in Title VII’s protections.
Zarda worked as a skydiving instructor and claimed he was fired after disclosing his sexual orientation to a customer. Prior to his case going to trial, he tragically died in a sky diving incident. His lawsuit will continue on his behalf, although.
Different organizations have different viewpoints on transgender discrimination. Some believe that Title VII protects people against gender discrimination, while other believe it does not.
The District Of Justice concluded, “Title VII does not prohibit discrimination because of sexual orientation.”
The American Civil Liberties Union is furious, to say the least. They said that the District Of Justice’s position is a “gratuitous and extraordinary attack on LGBT people’s civil rights”.
James Esseks, director of the ACLU’s LGBT & HIV Project, came out and said, “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.”
The LGBTQ community is confident, although, that the courts will rule on their side and protect equality for all in the workplace.
For years, however, lower federal courts have been split on the issue.
The District Of Justice under Barrack Obama never gave full-on support to the support of sexual orientation being covered under Title VII, yet he pushed for the Equal Employment Opportunity Commission.
The Obama policy worked much better because the people were protected, yet they did not have to get into the nitty-gritty of different peoples’ personal lives. After all, shouldn’t those kinds of things stay out of the workplace?
There are a handful of examples where different organizations took different stances on the topic. At the end of the day, unfortunately, it seems that people are simply not going to see eye-to-eye on sexual orientation discrimination.
Credit: CNN News