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US Court okays employment protection for 8m gay, transgender workers

By News Desk

The United States Supreme Court has ruled that Lesbians, Gays, Bisexual and Transgender (LGBT) people should not be discriminated and be accorded same rights like other citizens during and after employment in the country.

The court decided by a 6-3 vote that a key provision of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex, among other reasons, encompasses bias against LGBT workers in the country.

The judgement on Monday is expected to have a significant effect on the estimated 8.1 million LGBT workers across the country because most states do not protect them from workplace discrimination and an estimated 11.3 million LGBT people live in the US, according to the Williams Institute at the UCLA law school.

Justice Neil Gorsuch, during proceedings said: “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids”.

“The Court tries to convince readers that it is merely enforcing the terms of the statute, but that is preposterous. Even as understood today, the concept of discrimination because of ‘sex’ is different from discrimination because of ‘sexual orientation’ or ‘gender identity’,” Alito wrote in a dissent that was joined by Thomas.

The cases were the court’s first on LGBT rights since Justice Anthony Kennedy’s retirement and replacement by Kavanaugh. Kennedy was a voice for gay rights and the author of the landmark ruling in 2015 that made same-sex marriage legal throughout the United States. Kavanaugh is generally regarded as more conservative.

The Trump administration had changed course from the Obama administration, which supported LGBT workers in their discrimination claims under Title VII.

During the Obama years, the federal Equal Employment Opportunity Commission had changed its long-standing interpretation of civil rights law to include discrimination against LGBT people. The law prohibits discrimination because of sex but has no specific protection for sexual orientation or gender identity.

In recent years, some lower courts have held that discrimination against LGBT people is a subset of sex discrimination, and thus prohibited by the federal law.

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