Update: June 15, 2020 – Victory for LGBTQ and Women Workers
The National Women’s Law Center (NWLC) along with firm partner Cohen & Gresser, LLP filed an amicus brief before the Supreme Court on July 3, 2019, in support of three LGBTQ employees who were fired for not conforming to their employers’ beliefs regarding sex stereotypes. This brief was joined by 36 additional women’s rights organizations. In these three cases before the Supreme Court, the Court is asked to confirm that the federal law prohibiting sex discrimination in the workplace—Title VII— does not exclude LGBTQ workers.
This amicus concerns the cases of three employees: Gerald Bostock and Donald Zarda were both fired from their jobs because they were gay and did not conform to the sex stereotype of having female partners. Aimee Stephens, a trans woman, was fired after coming out to her employer and telling them she intended to live openly as a woman. In all three instances the employers incorrectly argued that Title VII only applies to being male or female, as assigned at birth, and does not apply to sex discrimination when it is tied to sexual orientation or someone being transgender.
NWLC led this brief to ensure that the Supreme Court continues to follow decades of precedent regarding sex discrimination law —namely, that discrimination based on sex stereotyping is sex discrimination and these protections must include LGBTQ workers.
See our press release here.