This past Friday, the Trump Justice Department filed a brief with the Supreme Court that argues workers who identify as transgender are not protected by federal civil rights law. Furthermore, it says that they can be fired by their employers because of their gender identity.
The brief pertains to one of the three cases the Supreme Court had agreed to hear earlier this year in order to determine whether or not Title VII of the Civil Rights Act applies to the LGBTQ community. The Justice Department’s brief outlines RG & GR Funeral Homes Inc vs. Equal Employment Opportunity Commission, where a trans woman named Aimee Stephens was fired after she transitioned.
According to the case, Stephens was presenting as a man when she started working at the funeral home in 2007. After she announced that she was planning on transitioning, Thomas Rhost, the company’s owner, fired her.
The Court of Appeals for the 6th Circuit ruled the termination as discriminatory.
“The unrefuted facts show that the funeral home fired Stephens because she refused to abide by her employer’s stereotypical conception of her sex,” Judge Karen Nelson said, adding that, “Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII. It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex.”
The Justice Department is arguing that when the Civil Rights Act was passed in 1964, the meaning of sex, “did not encompass transgender status.”
“In the particular context of Title VII – legislation originally designed to eliminate employment discrimination against racial and other minorities – it was especially clear that the prohibition on discrimination because of ‘sex’ referred to unequal treatment of men and women in the workplace,” they argued.
This move by Justice Department is a stark contrast to the false narrative put in place by the Trump Administration that Trump is the most LGBTQ-friendly Republican president. Keep in mind this is the same man who selected Mike Pence as his running mate, it’s a claim that has gone largely unchallenged by most media outlets and critics. Meanwhile, his aides and cabinet do things such as this behind the scenes, unbeknownst to most of the pubic who can go on believing he cares because he holds the Pride Flag (upside down mind you).
The Supreme Court will hear this case, along with Zarda vs Altitude Express and Bostock vs Clayton County which involve employees being fired due to their sexual orientation, beginning in October.
h/t: Pink News