NEW: Supreme Court to take up LGBT job discrimination cases
The justices say Monday they will hear cases involving people who claim they were fired because of their sexual orientation. Another case involves a funeral home employee who was fired after disclosing that she was transitioning from male to female and dressed as a woman.
The issue is whether Title VII of the federal Civil Rights Act of 1964, which prohibits sex discrimination, protects LGBT people from job discrimination. Title VII does not specifically mention sexual orientation or transgender status, but federal appeals courts in Chicago and New York have ruled recently that gay and lesbian employees are entitled to protection from discrimination. The federal appeals court in Cincinnati has extended similar protections for transgender people.
The Obama administration had supported treating LGBT discrimination claims as sex discrimination, but the Trump administration has changed course. The Trump Justice Department has argued that Title VII was not intended to provide protections to gay or transgender workers. The administration also separately withdrew Obama-era guidance to educators to treat claims of transgender students as sex discrimination.The justices will take up three cases in the fall.
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