American LGBTQ+ Lives Will Change After Court’s Decision For Workplace Rights
The LGBTQ+ community has been facing many issues since its inception. The state ban on same-sex marriage was lifted in 2015. When U.S Supreme Court lifted all state bans on same-sex marriage and legalized it in all 50 states. However, the issue did not stop there. Even though the Court is allowing Americans to freely come out as LGBT and get married, proving their sexual orientation. The same court is taking ages to finalize whether these same LGBTQ+ community members should be protected by Workplace Rights. Unfortunately, the gays and the transgender communities are facing discrimination the most as per cases under consideration of the U.S Court. Why LGBT rights are still an issue in 2019?
Civil Rights Law, Workplace Discrimination & LGBTQ+ Community
The U.S Supreme Court is taking its time as it is a huge policy matter. The court is currently divided on whether workplace discrimination applies to gays and transgenders or not. What we fail to understand is, how can you legalize one thing and spend ages on another linked & logical thing. If American citizens can freely get married as per their sexual orientation if they can come out as gays or lesbians or bisexuals or transgenders (LGBTQ+), why cannot they be accepted in workplaces?
The top court of America heard arguments about the two cases of discrimination against gay employees as well as another case of discrimination against a transgender. These cases will become the foundation of the current LGBTQ+ community movement for workplace rights as well as workplace discrimination. Their demand is simple, and that is, they want to be covered by Title VII of the Civil Rights Act. Whereas; Title VII of the Civil Rights Act, formed in 1964, prohibits employers to discriminate against employees based on their sex, religion, color, race and national origin. And the issue is, they are trying to define what the term “sex” covers in this law. Is it just gender identity or sexual orientation as well? The Human Rights Council ‘Press Secretary’ Charlotte Clymer was talking to BBC about the issue.
In 29 states, a person can be fired for their gender identity and sexual orientation. It’s not about religious freedom, it’s about pushing LGBT people out of the public square. The fact that you can get married on Sunday and fired on Monday for being LGBTQ, I believe, presents a pretty massive problem for our community and for society.
And she is right about it.
Cases | Gay & Transgender Victims Of Workplace Discrimination
As described above, the U.S. Court heard arguments for the two cases of discrimination against gay employees. While they are trying to figure out covering the LGBTQ+ community under workplace discrimination.
The first case involves the dismissal of Donald Zarda, who is deceased now. His partner William Moore attended the court on his behalf. Mr. Zarda was fired from his job as a skydiving instructor in New York in 2010. It is alleged that a straight couple filed a complaint against Mr. Zarda for coming out as gay. He was also accused of touching the woman inappropriately. As Moore confirmed,
Don was humiliated that he had been accused of, first of all, inappropriately touching a passenger that was female, and also that he was being fired for being gay.
Mr. Zarda was trying to recover his lost wages through the court case. However, he died in a skydiving accident in 2014. Now, his partner Moore and his sister are pursuing the case to find justice for the gay community.
The other case involves the dismissal of Mr. Bostock who lost his job after joining a recreational gay softball league. Whereas; the transgender case involved a Michigan funeral home employee Aimee Stephens. She lost her job for coming out as a transgender. Basically, Aimee was working as Anthony Stephens for 6 years when she decided to come out as transgender and dress up as her true self, Aimee Australia Stephens. She was asked to comply with the dress code as per her “biological sex”. However. her insistence to dress up as a female became the cause of her dismissal.
What Happens Now?
The nine justices on America’s highest court will announce their decision by June 2020. However, Trump-appointed Neil Gorsuch appears to be sympathetic towards the LGBTQ+ community. No one can deny the fact that the LGBTQ+ community is being mistreated for showing their true identity. Everyone should be allowed to live freely. In fact, legalizing same-sex marriage should have already led to workplace rights for lesbians and gays. And the same law could have been amended as per the current definition of the LGBTQ+ community. We have non-binary people, pansexuals, and asexuals. The rule should be simple, human resources should cover all the “human” resources including LGBTQ resources, completely covering LGBT rights.