Workers can't be fired for being gay or transgender, Supreme Court rules

The Supreme Court on Monday ruled 6-3 in a landmark decision that gay and transgender employees are protected by civil rights laws against employer discrimination.

A set of cases that came before the court had asked the justices to decide whether Title VII of the 1964 Civil Rights Act, which forbids discrimination on the basis of "sex," applies to gay and transgender people.

Justice Neil Gorsuch, who wrote the opinion for the six-member majority, said that it does.

"Today, we must decide whether an employer can fire someone simply for being homosexual or transgender," Gorsuch wrote. "The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids."

Source

I'm glad to finally see a decision on this. I remember early in in Trump's presidency the DOJ claimed that sexual orientation was not protected by Title VII. Well now, according to the Supreme Court, this administration was wrong.

And it makes sense, if a person can't be fired for their skin color, their gender, their religion, etc, why should they be able to be fired for who they sleep with?

Well played Supreme Court. It will be interesting to see what other decisions they make in the near future. They have a pretty full docket right now with some important cases.

a reply to: Xcalibur254

Finally something we both can agree to.

a reply to: Xcalibur254

Is this really news? I can't tell you the last time a gay person got fired and didn't file a suit for wrongful termination and discrimination. We had a guy try to sue us for firing him after he was written up 3 times for threatening to scratch employees and give them HIV, and written up twice for watching gay porn on his work computer while on the clock. I'd imagine these types of cases will be even more common now.

I was fired from the oilfield in 2007 because my District Manager found out I was dating his daughter. I went and got another job, it's what you do. Conflict of interest would have been my best friend there, but I'd rather not work for an owner or manager that isn't going anywhere for a long time and doesn't want me working there. I figure that's the normal thing to do.

a reply to: Xcalibur254

I work in the employment industry.
A business can find a reason to fire someone.
It may not be the real reason but the result is the same.

Same thing goes for the hiring process.
They are 400 pounds or whatever and they just don't get hired.. You can't give certain reasons but you can make one up.

a reply to: Xcalibur254

This is good news! And it comes just days after the Trump Administration pulled all LGBT protections from their federal guidelines!

a reply to: Bluntone22

So we shouldn't have any protections in place at all?

While I don't think a person should be fired for it explicitly at all. I can now see people getting fired who happens to be one of those things considering a lawsuit claiming that is the reason they were fired.

John Doe wasn't fired because he was straight up incompetent ... nope, he was fired because he was formerly a she.

John Doe wasn't fired because he was straight up incompetent ... nope, he was fired because he was gay.

And even if they don't have a snowball's chance in hell of actually winning, how many will get settlements out of their former employers just to avoid the court tie-up?

originally posted by: Bluntone22
You can't give certain reasons but you can make one up.

You can but if they're not legit you may potentially open yourself up to a suit especially if you're not documenting the associate's alleged poor behavior that you invented.

originally posted by: Xcalibur254
So we shouldn't have any protections in place at all?

Doesn't 'affording protections' all of a sudden assign privilege? (That's a rhetorical question, BTW)

originally posted by: Xcalibur254
a reply to: Bluntone22

So we shouldn't have any protections in place at all?

Are protections that don't work really protections?

The ruling in not enforceable.

a reply to: Bluntone22

So do you think we should just get rid of Title VII altogether. I mean if it's not enforceable in this case, how can it be enforceable in cases of gender or religion?

I don't see any problem with this. If a person is a good worker, regardless of what their sexual lifestyle is, they should be employable. I would much rather have a gay guy or woman working for me than someone who is coming to work high or doesn't show up for work at all. I don't really see what the issue is.

originally posted by: Xcalibur254
a reply to: Bluntone22

So we shouldn't have any protections in place at all?

You (are you gay or trans-delusional?) should have the same protections as anyone else.

a reply to: Xcalibur254

If firing an employee for being gay or trans could be legalized then it would end employees getting fired for being gay or trans. I heard that's how legalization works.

originally posted by: Xcalibur254
a reply to: Bluntone22

So do you think we should just get rid of Title VII altogether.

Yes, we should.

a reply to: Xcalibur254

My point is that violations are damn near impossible to prove. Basically somebody has to screw up.
Human resource personnel take classes to avoid lawsuits.

Especially when you consider that you cant ask someone their sexual orientation or religion of choice.

Guess its time for me to come out of the closet? If I pretend to be gay will I have to prove that I am gay? What if I am a gay man who is straight? I mean isn't that acceptable since a guy can think he is a woman and be classified as a woman? Can't I be straight and classify myself as gay therefore protecting me a little more if anyone ever wants to fire me? ANd believe me, I have been fired and had people want to fire me in my lifetime. But now that I am gay (even though I am straight) I can go to HR --- I can go to a lawyer! Shoot, I may never have to work again if I get the right lawyer.

THIS IS F'ing AWESOME!

Gaypride festivals here I come!

originally posted by: Bluntone22
Human resource personnel take classes to avoid lawsuits.

Especially when you consider that you cant ask someone their sexual orientation or religion of choice.

Yet they still happen. Why? Because people can't help themselves and do dumb s***. I see it all the time. We take compliance training and then someone is making lewd jokes in a meeting a week later.

a reply to: MRinder

I'm sure that's how it has been for a very long time. The owner of the company i work for is as hard right Conservative as it gets yet there are plenty of minorities and gays that work here. If you do your job, you keep your job. If a gay or minority finds a job that fires them for being gay or a minority then it wouldn't be a nice place for them to work at anyway.

a reply to: Bluntone22

And yet unlawful termination lawsuits do happen and the plaintiff does win. So clearly Title VII does have its place.

Just because companies try to cover up why a person was fired doesn't mean they're always successful. So why shouldn't there be measures put in place that can see those companies punished for violating a person's civil rights?