A battle has begun, based on an act voted in 1964, as to whether it is legal to fire a person based on their sex, or change their-of.
On Friday the Justice Department filed a brief that argued that Title VII of the Civil Rights Act of 1964 only protects workers from discrimination based on their ‘biological sex’.
“Title VII does not prohibit discrimination against transgender persons based on their transgender status,” the Justice Department wrote. “It simply does not speak to discrimination because of an individual’s gender identity or a disconnect between an individual’s gender identity and the individual’s sex.”
“Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII,” the court said. “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex.”
Three cases are being investigated by the Supreme Court which look at whether employers of the LGBT+ community are protected under federal law. One introduces a transgender woman who was fired from a Funeral Home she was working at after she transitioned. The other two cases are of people who were fired due to their sexual orientation. One of a skydiving instructor who was fired after telling a client he was gay and the third is a similar case which suggests Title VII did not protect against discrimination based on sexual orientation.