In a victory for LGBTQ Americans, a federal appeals court delivered a blow to the Trump administration’s Justice Department, ruling that the 1964 Civil Rights Act prohibits anti-gay discrimination in the workplace.
In its ruling on Zarda vs. Altitude Express, the Second Circuit Court of Appeals, covering New York, Connecticut, and Vermont, argued that “a woman who is subject to an adverse employment action because she is attracted to women would have been treated differently if she had been a man who was attracted to women. We can therefore conclude that sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination.”
The Seventh Circuit Court reached a similar conclusion last year, becoming the first appeals court to argue that Title VII of the Civil Rights Act, which bars discrimination against employees based on “race, color, religion, sex, or national origin,” should be understood to protect LGBTQ Americans.
“There have now been two federal appeals courts to recognize what we’ve always known—that discrimination based on sexual orientation is in fact discrimination, and that there is no room for it in the workplace,” said Ria Tabacco Mar, staff attorney for the American Civil Liberties Union (ACLU), in a statement. “This decision is also a repudiation of the Trump administration’s Justice Department, which has insisted that LGBT discrimination is acceptable under federal law.”
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