TBA Law Blog

TBA Law Blog

Court Hears Oral Arguments in LGBT Employment Cases

Posted by: Barry Kolar on Oct 9, 2019
News Type: U.S. Supreme Court

Tthe U.S. Supreme Court yesterday heard oral arguments in a trio of civil-rights cases involving LGBT employees. The question is whether the 1964 Civil Rights Act, which prohibits sex discrimination in the workplace, also protects gay and transgender employees. The debate included a discussion of whether the court should rule in the case or call on Congress to clarify the statute, National Public Radio reports. Justice Neil Gorsuch also asked if the court should consider “the massive social upheaval” that could follow a ruling in favor of the workers. Attorneys for employers sued in the cases said Congress meant the protections to apply only on the basis of biological gender to protect women in the workplace. Lawyers for the plaintiffs, however, argued that the court has interpreted the law more broadly in the past, sometimes applying its provisions to cases Congress could not have imagined at the time it was passed.

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