The Supreme Court should hold that the federal statute which prohibits employment discrimination “because of sex” prohibits discrimination based on sexual orientation and against transgender individuals.
When the Supreme Court returns from its summer recess, among the first cases it will hear will be three that raise the important question of whether federal law prohibiting employment discrimination protects LGBTQ individuals.
Until 1964, no federal law prohibited employment discrimination. The landmark Civil Rights Act of 1964 changed this by forbidding employers from discriminating based on race, sex or religion. There have been many attempts to amend the law to expressly prohibit discrimination based on sexual orientation, but Congress never has done this.
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