Opinion: Does the law protect the LGBTQ community from discrimination? It should be an easy answer.
The U.S. Supreme Court is seen at sunset in Washington on Oct. 4, 2018. By Jenny Yang April 26 at 8:49 AM Jenny Yang, commissioner of the U.S. Equal Employment Opportunity Commission from 2013 to 2018, is a senior fellow in the Center on Labor, Human Services, and Population at the Urban Institute.
Under Supreme Court precedent, the question should be whether an employer relied on sex-based considerations or took gender into account when taking the challenged employment action. In 1989, the Supreme Court established in Price Waterhouse v. Hopkins that discriminating against an employee for not conforming to gender stereotypes — in this case, not walking, talking or dressing “more femininely” — is sex discrimination.
In Baldwin, the commission explained that the concept of sexual orientation is inseparable from and cannot be explained without reference to sex. Indeed, an employer that fires a woman because she has a female spouse has taken gender into account where the employer would not have fired a man for that reason.
United States Latest News, United States Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Supreme Court to rule whether civil rights law bans discrimination against LGBTQ employeesJUST IN: US Supreme Court says it will decide whether existing civil rights laws ban discrimination on the basis of sexual orientation, a question that has divided the nation's lower courts. - PeteWilliamsNBC
Read more »
Rainbow tourism: Finding LGBTQ community in the rural SouthMost representation of the LGBTQ community centers around coastal, urban areas. But there’s a vibrant LGBTQ community in the rural south that often gets overlooked.
Read more »
Supreme Court to decide if anti-discrimination employment laws protect on basis of sexual orientation and gender identitySupreme Court to decide if anti-discrimination employment laws protect on basis of sexual orientation, gender identity
Read more »
Supreme Court takes up cases that could settle whether LGBT workers are protected by lawThe cases come as federal courts as well as independent agencies within the Trump administration remain divided over whether the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity.
Read more »
Opinion | Trump isn’t just violating norms — he’s also breaking the lawOpinion: Trump isn’t just violating norms — he’s also breaking the law
Read more »
It's time to come together to battle Russia and hold Trump accountable: OpinionANALYSIS: It's time to come together to battle Russia and hold the Trump administration accountable for what they have and have not done on Russia, writes matthewjdowd. 'Instead of uniting our country, this act of war sowed incredible discord.'
Read more »
Opinion | Kanye West's Sunday Service isn't his redemption, it's just more egotismOpinion | Michael Arceneaux: Kanye West's Sunday Service isn't his redemption, it's just more egotism. - NBCNewsTHINK
Read more »
With 20 candidates 'you're going to have a lot of wreckage when it's done'Joe Biden's announcement is the last of the big announcements expected from Democrats running for president. With 20 candidates in the race, what happens now?
Read more »
BBQ food truck faces backlash for 'LGBTQ' T-shirtsA Kentucky food truck is facing backlash for selling a T-shirt that says 'I support LGBTQ -- liberty, guns, Bible, Trump, BBQ'
Read more »
Former Police Chief Jane Castor elected first LGBTQ mayor of Tampa, FloridaFormer Police Chief Jane Castor became the first LGBTQ person elected mayor of Tampa, Florida, easily winning a runoff
Read more »