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Alert: Workplace discrimination based on sexual orientation heads to Supreme Court

The future of lesbian, gay, bisexual and transgender (LGBT) individuals’ civil rights in the workplace will soon be in the hands of the Supreme Court. The nation’s highest court announced on April 22 that it would decide during its Fall, 2019 term, whether discrimination on the basis of sexual orientation in the workplace is protected under the Civil Rights Act of 1964.

Title VII of the Civil Rights Act prohibits workplace discrimination on the basis of race, color, religion, sex, or national origin, and courts have long been divided over whether sexual orientation is protected under the Act.

The Supreme Court will examine three cases—two cases in which appeals courts determined that the firing of gay and transgender employees violated Title VII of the Act and a third case in which the court determined that civil rights laws do not protect from discrimination in the workplace based on sexual orientation.

Tully Rinckey PLLC attorneys will be closely monitoring the Supreme Court’s decision and the potential impacts it could have on LGBT individuals in the workplace, as well as employers.

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