Amicus Brief Addresses LGBTQ Discrimination

By Kelly Hand

In July the AAUP joined with civil rights organizations in an amicus brief arguing that workplace discrimination based on LGBTQ status is discrimination based on sex and therefore is prohibited by Title VII of the Civil Rights Act. The brief, filed in the US Supreme Court, was prepared primarily by the Lawyers’ Committee for Civil Rights under Law and the Leadership Conference on Civil and Human Rights.

The brief addresses three separate cases involving individuals whose employment was terminated by their employers because of their LGBTQ status. Their lawsuits alleging violation of Title VII had conflicting outcomes, and the Supreme Court consolidated the cases because the decisions addressed the same issue. The court, which is expected to issue a decision by June 2020, will have the opportunity to determine whether Title VII applies to sexual orientation and transgender status.

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