The cases come as federal courts as well as independent agencies within the Trump administration remain divided over whether the Civil Rights Act prohibits discrimination based on sexual orientation and gender identity.
The Supreme Court on Monday took up job discrimination cases that could for the first time resolve at a national level whether lesbian, gay, bisexual and transgender workers can be fired based on their identity.
The Trump administration has argued before the Supreme Court that Title VII does not apply to LGBT individuals. Meanwhile, the Equal Employment Opportunity Commission, which is also a part of the administration, maintains the opposite stance. Last term, the Supreme Court had the opportunity to hear a case on the issue but declined.
Jason Habinsky, a partner in the Labor and Employment Practice Group in the New York office of Haynes and Boone, said that a ruling granting protection to LGBT employees would not affect many companies who already have policies in place shielding them from discrimination. For other companies, he said, it could be a wake-up call.
The sexual orientation cases concern two employees who argue that they were fired for being gay. In one case, Altitude Express v. Zarda, No. 17-1623, Donald Zarda, who was a skydiving instructor, sued his former employer and alleged that he was fired because of his sexual orientation. That case had the opposite result as Zarda's at the appellate level. Bostock's case was dismissed by a federal district court in Atlanta, and that dismissal was later affirmed by a panel of the 11th U.S. Circuit Court of Appeals.
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