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Sex Discrimination

U.S. Supreme Courts Sides With LGBTQ+ Workers

In Landmark Ruling, U.S. Supreme Court Finds LGBTQ Workers Are Protected Under Title VII

“An employer who fires an individual merely for being gay or transgender defies the law.”

The Supreme Court ruled today that an employer who discriminates against an individual on the basis of their sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964, a landmark decision for LGBTQ workers.

The majority opinion in the 6-3 decision in Bostock v. Clayton County, GA (consolidated with Zarda v. Altitude Express Inc. and Harris Funeral Homes v. EEOC), was authored by Justice Neil M. Gorsuch. He was joined by Chief Justice John G. Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan.

The opinion was largely based on the text of Title VII. As the majority notes:

“In our time, few pieces of federal legislation rank in significance with the Civil Rights Act of 1964. There, in Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. … Read More

NWLC NELA Amicus Brief_Parker v. Reema Consulting_4th Cir_053018

On Wednesday, May 30, 2018, NELA was proud to join with a coalition of women’s, employee, and civil rights groups led by the National Women’s Law Center (NWLC) in filing an amicus brief in support of the Plaintiff-Appellant Evangeline Parker in Parker v. Reema Consulting Services, Inc., pending currently in the U.S. Court of Appeals for the Fourth Circuit. In the course of rising in the ranks while working at the defendant firm, the Plaintiff was subjected to a false and repugnant rumor that her professional advancement was due to her having a sexual relationship with a male manager. The rumor’s spreading resulted in Ms. Parker facing harassment and discrimination, and when she tried to stop the rumor and complained about the harassment she was facing, the company retaliated against her and ultimately terminated her employment. The district court relied on a number of inappropriate grounds in dismissing her claims, including erroneously holding that the type of rumor to which she was subjected could not support a claim for gender discrimination because it could be made about either a male or female employee. The amicus brief marshals a wide array of legal and social science evidence in demonstrating that … Read More

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NWLC NELA Amicus Brief_Jock, et al. v. Sterling Jewelers (2d Cir.)_031418

On Wednesday, March 14, 2018, NELA joined the National Women’s Law Center (NWLC) and a group of over two dozen women’s, employee, and civil rights organizations in supporting the Plaintiff-Appellants in their appeal in Jock, et al. v. Sterling Jewelers, pending currently in the U.S. Court of Appeals for the Second Circuit. This long-running case involves a challenge to systemic sex discrimination in pay and promotion opportunities under Title VII of the Civil Rights Act and the Equal Pay Act. After being moved from court into arbitration, the plaintiffs in this case argued successfully to the arbitrator that they are entitled to proceed as a class. The defendant convinced the district court to reverse the arbitrator’s decision to certify the class, and the plaintiffs have appealed. Among other important arguments, the amicus brief highlights how essential class actions are to efficiently and effectively addressing pervasive workplace abuses, while also protecting class members from the retaliation they are far too likely to face if forced to proceed individually. The brief was drafted by our colleagues at the NWLC and NELA member Carolyn Wheeler from Katz, Marshall & Banks, LLP (Washington, DC).

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