The U.S. Supreme Court says workers can’t be fired due to their sexual orientation and gender identity. That comes following a decision Monday morning that says federal law doesn’t allow workplace discrimination against gay, lesbian and transgender persons. The ruling expands the meaning of the Civil Rights Law’s ban on sex discrimination in the workplace. The six-to-three ruling saw Chief Justice John Roberts and Justice Neil Gorsuch side with the high court’s four liberals.
Michigan Attorney General Dana Nessel celebrated the U.S. Supreme Court’s landmark ruling that a federal civil rights law – as it relates to discrimination in employment under Title VII – protects gay, lesbian, bisexual and transgender workers. She issued the following statement on the ruling and the road ahead:
“The Supreme Court’s decision today in Bostick v Clayton County, Georgia is a major victory for civil rights. In the Supreme Court’s own words, the message of the Civil Rights Act of 1964 is ‘simple and momentous.’ Under Title VII, a statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. In other words, under federal law, an employer cannot fire someone simply for being gay or transgender.
“But make no mistake, this is not the end of the story. It is just the beginning of the progress yet to be made on the important issue of equal protection. The Supreme Court’s decision, although groundbreaking, is relatively narrow. It involves only a federal law—Title VII—not state law. And the decision applies only to employment decisions. The Court left for another day decisions regarding housing, education, public accommodations, and anything else of the kind. And it left to future cases how religious liberty doctrines interact with Title VII. What this means is that we must continue to work together for equal protection under the law for all Michiganders.”
In July 2019, Attorney General Nessel joined a coalition of attorneys general who filed a brief in the Supreme Court cases of Altitude Express v. Zarda; Bostock v. Clayton County, Georgia; and R.G. & G.R. Harris Funeral Homes v. EEOC—which were being considered together by the court. In their brief, the coalition of 22 attorneys general argued that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people or on the basis of sexual orientation. Nessel and her colleagues also argued that discrimination against LGBTQ employees blocks each state’s ability to promote equality and protect residents’ dignity, economic security and mental health.
Though important, today’s decision does not amend the protections afforded by the Elliott-Larsen Civil Rights Act. Ensuring that members of the LGBTQ community have equal protections under both state and federal law is still a work in progress.
Governor Gretchen Whitmer released the following statement after the U.S. Supreme Court ruled that Title VII protects both gay and transgender people from being fired from their jobs on the basis of their sexuality or gender:
“Today, in a landmark ruling, the Supreme Court confirmed what we already know – that nobody deserves to lose their job because of who they are or how they identify,” said Governor Whitmer. “This is good news for the countless LGBTQ+ Michiganders who have been fighting for equality for decades, and would not have been possible if not for one of the plaintiffs, Aimee Stephens, a brave Michigander who fought for transgender rights until the day she died. There is still more work to do. We must continue fighting to expand the Elliott-Larsen Civil Rights Act to protect members of the LGBTQ+ community and make Michigan a state where more people want to move to for opportunity. In honor of Aimee, take today to celebrate this victory, and tomorrow, let’s continue fighting to ensure equality for all Michiganders.”
U.S. Senator Gary Peters (MI) released the following statement after the U.S. Supreme Court ruled that existing federal employment discrimination law protects LGBTQ+ employees:
“This is a historic day for LGBTQ+ rights and equality in this country. Nobody should face discrimination in the workplace or fear losing their job for who they are or who they love. Michigander Aimee Stephens did not live to see this day, but today we honor her and carry on this fight in her memory. While this is a major step forward we have a lot of work to do, including passing the Equality Act.”
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