Federal employment law doesn’t protect workers from discrimination based on sexual orientation, the U.S. Department of Justice (DOJ) argued in a brief to the Supreme Court on Aug. 23.
The DOJ submitted its argument to the high court in two consolidated cases that ask whether Title VII of the Civil Rights Act of 1964 covers sexual orientation under its protection against sex-based discrimination in the workplace.
“For more than 40 years, Congress has repeatedly declined to pass bills adding sexual orientation to the list of protected traits in Title VII,” the DOJ argued. The department’s lawyers said that the ordinary meaning of “sex” is biologically male or female and doesn’t include sexual orientation. An employer discriminates on the basis of…
Credit to Lisa Nagele-Piazza, J.D., SHRM-SCP for the original post.