FOR IMMEDIATE RELEASE
CONTACT: Wes Sanders
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Atlanta, GA; April 22, 2019 – Today, the United States Supreme Court granted cert. in three cases that deal with whether or not Title VII of the Civil Rights Act of 1964 extends workplace protections to the LGBTQ community. Title VII prohibits workplace discrimination on the basis of sex, race, color, national origin, and religion.
One of the three cases originates from Clayton County, and involves Gerald Lynn Bostock who was fired from his county job in child welfare after his superiors became aware that he is gay. The 11th Circuit Court of Appeals in Atlanta rejected Bostock’s claim, ruling that Title VII does protect gays and lesbians. The decision of the 11th Circuit is at odds with the other two cases that were granted cert. today. Originating from Michigan and New York, both cases were resolved in favor of the terminated employee as the 2nd Circuit and 6th Circuit appeals courts ruled that Title VII does indeed extend protections to LGBTQ people.
“Every American, no matter their sexual orientation or gender identity should be able to work and provide for their families without having to worry about being fired for who they love. In this land of freedom and opportunity, no one who works hard and performs their job well should worry that they may face discrimination in the workplace,” says Jeff Graham, executive director of Georgia Equality. “Marriage equality was a necessary step on the path to full equality for LGBTQ people in this country, but what good is it if you marry on Saturday and lose your job on Monday because your boss saw a picture from your wedding on social media?”
When these cases are heard in the fall, SCOTUS will have the opportunity to affirm a consensus that has been building in the courts, administrative agencies, and among scholars for decades: that discriminating against a person based on who they love or the gender with which they identify is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.
“If the Supreme Court agrees with the 6th and 2nd Circuits and overturns the decision in Mr. Bostock’s case it will mean that LGBTQ people in Georgia and all over our country will be free to go about their work without the ever present fear that they could lose their job if a colleague or boss found out that they are gay or transgender. Who someone loves or the gender they identify with has nothing to do with one’s ability to do their job, and the Supreme Court should make that clear,” continued Graham.
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Founded in 1995, Georgia Equality is the state’s largest advocacy organization working to advance fairness, safety, and opportunity for Georgia’s lesbian, gay, bisexual, transgender, and allied communities.