Kathryn R. Gugle Law Office
Great news: the U.S. Supreme Court ruled today that Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate on the basis of s*x includes making it illegal to discriminate based on s*xual orientation or s*xual identity. The City of Columbus has long protected employees from discrimination based upon s*xual orientation and recently other communities have done likewise including Westerville.
I've had several cases in the past representing men who were s*xually harassed and retaliated against on the basis of s*xual orientation.
This is a huge win because there no longer is any grey area about whether the Federal Courts will apply the correct interpretation of "on the basis of s*x" from the 1964 act where it applies to orientation and gender identity.
Because of a split between circuits, the U.S. Supreme Court is taking up a trio of cases to address whether Title VII of the Civil Rights Act of 1964 which prohibits discrimination on the basis of s*x, encompasses s*xual orientation and gender identity. I'm hopeful that the court will agree with our own 6th Circuit Court of Appeals which declared that it is "analytically impossible" not to take into account a person's s*x when deciding whether to fire him or her for being transgender. For the past several years, the EEOC has supported the expanded interpretation to protect s*xual orientation and gender identity. The City of Columbus for many years has included s*xual orientation as a protected class in their anti-discrimination code.
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