The Washington Post
A federal appeals court ruled Tuesday that workers may not be fired for their sexual orientation, becoming the highest court in the country to weigh in on whether the 1964 Civil Rights Act protects gays from workplace discrimination and setting up a possible Supreme Court battle.
The 7th Circuit Court of Appeals in Chicago found that instructor Kimberly Hively was improperly passed over for a full-time job at Ivy Tech Community College in South Bend, Indiana, because she was a lesbian. While the Civil Rights Act does not explicitly prohibit discrimination on the basis of sexual orientation, it bars sex discrimination; the court concluded that the college engaged in sex discrimination by stereotyping Hively based on her gender.
“Hively represents the ultimate case of failure to conform to the female stereotype… she is not heterosexual,” Chief Judge Diane Wood wrote in Tuesday’s opinion. “Hively’s claim is no different from the claims brought by women who were rejected for jobs in traditionally male workplaces, such as fire departments, construction, and policing.”
The ruling echoes those of a number of lower courts, which have also concluded that discrimination against gays is a prohibited form of sex stereotyping. However, it conflicts with others, including a ruling last week by a three-judge panel of the 11th Circuit Court of Appeals in Atlanta, which interpreted Title VII of the Civil Rights Act more narrowly and found that sexual orientation is not a protected class under that law.
A split in the circuits could set up a clash before the Supreme Court.
Passing regulations that explicitly bar discrimination against LGBT people has been a priority of the gay and transgender rights movements since 2015, when the Supreme Court ruled that same-sex couples have the right to marry. They argue that though gays can marry now nationally, they can in many states still be fired for putting a wedding photo on their desks.
In 28 states, there are no statewide laws that explicitly protect people from discrimination on the basis of sexual orientation or gender identity, according to Freedom for All Americans, an LGBT rights group.
The issue has gotten the attention of President Donald Trump, who earlier this year announced he would keep in place executive orders signed by former president Barack Obama requiring government contractors to have anti-discrimination policies in place that protect LGBT people. At the same time, however, his administration reversed course on Obama-era guidance requiring schools to let transgender students use the restroom of their choice.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
