Case Filed in Second Circuit Regarding Gender Identity

The Justice Department is arguing that federal civil rights laws do not protect us from discrimination due to gender identity or sexual orientation.

In a recent action that has significant impact for individuals who identify as lesbian, gay, bisexual, and transgender, the Justice Department filed a brief with the United States Court of Appeals for the Second Circuit arguing that federal civil rights laws do not protect individuals from discrimination due to their gender identity or sexual orientation. This case has presented the Second Circuit with the unique opportunity to differ from opinions by many other circuit courts and rule that Title VII’s ban on discrimination based on sex encompasses a person’s sexual orientation.

The Applicable Case History

This lawsuit originated in 2010 when a former skydiving instructor filed a lawsuit against his employer because the company terminated him over his sexual orientation. The skydiving company argued that because the instructor told the Equal Employment Opportunity Commission that he was not claiming sexual orientation discrimination under Title VII, the man’s estate should now be prohibited from raising this type of a discriminatory lawsuit. The sky diver’s estate, however, claims that the man had argued in favor of this discrimination but had referred to it as “sex discrimination” because the Equal Employment Opportunity Commission offered no opportunity to list sexual orientation or gender identity discrimination on its forms. The skydiving company, however, still argues that the former skydiver failed to make adequate charges on the basis of sexual orientation. The company also argues that because the skydiver is now deceased, the man’s estate should be barred from raising this argument. The man’s estate has countered the company’s argument by claiming that because same-sex marriage is now protected by the United States constitution, discrimination on the basis of sexual orientation should now be protected.

The Legal Atmosphere in Which This Case Occurred

This brief comes at a time when the Justice Department prepares to hear arguments about whether Title VII of the Civil Rights Act of 1964, which prohibits discrimination by employers on the basis of a person’s sex, also prohibits discrimination on the basis of sexual orientation or gender identity. In April, the United States Court of Appeals for the Seventh Circuit considered the same question and ultimately ruled that discrimination against an individual on the basis of their sexual orientation is a type of sex discrimination prohibited under Title VII. Many organizations, including the United States Equal Employment Opportunity Commission, have argued that this expansion does lawfully exist.

The Universal Life Church

There have been many recent issues decided about the rights of individuals who identify as gay, lesbian, bisexual, and transgender in this country. In March of 2017, the Seventh Circuit made a pertinent decision when it ruled that a teacher’s lawsuit alleging discrimination by Ivy Tech Community College could be revived because the teacher had experienced discrimination due to sexual orientation. By reading the Universal Life Church’s blog, readers can remain updated about these various developments. While these developments are often complicated, our blog aims to describe these changes in a manner that can be easily understood.

(image courtesy of Filipe dos Santos Mendes)