A
coalition of 57 civil rights and social justice organizations, led by
the Lawyers’ Committee for Civil Rights Under Law and the Leadership
Conference on Civil and Human Rights, filed an amicus brief in support
of the employees in three Supreme Court cases: R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission & Aimee Stephens, Bostock v. Clayton County, Georgia, and Altitude Express, Inc. v. Zarda.
The brief urges the Court to find that sexual orientation and gender
identity discrimination constitutes discrimination “because of … sex”
and notes that recognition of this reality is essential to safeguarding
the job security and economic stability of millions of LGBTQ people in
American, especially those most often subjected to employment
discrimination: LGBTQ people of color.
“Outlawing
job discrimination based on LGBTQ status is fully consistent with Title
VII’s long history of anti-discrimination achievements, as well as the
statutory text that has made those successes possible” said Kristen
Clarke, president and executive director of the Lawyers’ Committee for
Civil Rights Under Law. “If Title VII does not bar LGBTQ discrimination,
that will leave many LGBTQ people of color vulnerable to workplace
discrimination—an outcome contrary to Congress’ paramount goal of
ensuring equal access to employment opportunities for minorities.”
It
also follows directly from Title VII’s protections against other forms
of prohibited discrimination—protections that depend on the same legal
rules that the LGBTQ employees rely on in these cases. The diversity and
vitality of American workplaces, and in turn the American economy, are
dependent upon Title VII’s continued application to provide robust
protections against discrimination.
These
cases are on appeal from the U.S. Courts of Appeals for the Second,
Sixth, and Eleventh Circuits. Each case presents the Court with the
question of whether sexual orientation and gender identity are protected
under Title VII.
In Zarda, a skydiving instructor was terminated by his employer because of his sexual orientation. Similarly, in Bostock,
a county child welfare services coordinator was terminated because of
his sexual orientation, despite the fact that he had previously received
numerous accolades for his work performance. In Stephens, a funeral director was terminated after informing her employer that she is transgender.
The
amicus brief highlights the critical role that Title VII’s prohibition
against employment discrimination has played in advancing civil rights,
and argues that outlawing job discrimination based on LGBTQ status is
fully consistent with Title VII’s statutory text and its long history of
rooting out workplace inequality. The brief notes that interpreting
Title VII to cover LGBTQ discrimination is especially important for
people living at the intersection of LGBTQ and racial minority
identities because racial bias is often compounded by other forms of
discrimination.
“Everyone
deserves the right to work free from harassment and discrimination. The
Lawyers’ Committee will continue to fight to ensure that LGBTQ
employees, especially those of color, are protected from discrimination
in the workplace,” said Kristen Clarke, President & Executive
Director of the Lawyers’ Committee for Civil Rights Under Law.
Orrick Herrington & Sutcliffe LLP served as counsel for amici curiae.
A link to the brief can be found here.
