The FAQs: Supreme Court to Decide Whether ‘Sex’ Includes Sexual Orientation and Gender Identity

The Gospel Coalition | 4/24/2019 | Staff
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What just happened?

On Monday the Supreme Court announced it has accepted three cases involving homosexuals and transgender persons who claim they were discriminated against at work. The Court will rule on whether current federal anti-discrimination laws protect employees based on sexual orientation and gender identity.

Cases

What are the cases about?

In two of these cases, the Court is asked to decide if the phrase “because of . . . sex” in Title VII of the Civil Rights Act of 1964 was meant to protect employees from discrimination because of sexual orientation. In the third case, the Court will also determine whether the word “sex” meant “gender identity” and included “transgender status” when in 1964 Congress enacted Title VII.

Cases - Court

The three cases to be considered by the Court are:

Donald Zarda worked as a skydiving instructor at Altitude Express. After a tandem skydive, Rosanna Orellana told Zarda’s boss she had been touched in a flirtatious manner and that her instructor disclosed he was homosexual and “ha[d]an ex-husband” in an effort to excuse his otherwise inappropriate behavior. Zarda was fired, claims his employers, because he had a history of similar complaints of inappropriate behavior.

Zarda - Charge - Discrimination - Employment - Opportunity

Zarda filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) claiming “[he was] not making this charge on the grounds that [he] was discriminated on the grounds [sic] of [his] sexual orientation. Rather . . . in addition to being discriminated against because of [his] sexual orientation, [he] was also discriminated against because of [his] gender.” Zarda claimed that “[a]ll of the men at [his workplace] made light of the intimate nature of being strapped to a member of the opposite sex,” but that he was fired because he “honestly referred to [his] sexual orientation and did not conform to the straight male macho stereotype.”

Gerald Lynn Bostock is a homosexual...
(Excerpt) Read more at: The Gospel Coalition
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