Supreme Court Hears Oral Argument on Whether LGBT Employees Are Protected by Title VII

Last week, the U.S. Supreme Court heard oral arguments in a series of high-profile cases that address whether gay, lesbian, and transgender employees are protected by Title VII of the Civil Rights Act of 1964.  Although some states have amended their anti-discrimination laws to include sexual orientation or gender identity as protected classifications, most states (including Pennsylvania) and Congress have not made such changes in their respective state and federal anti-discrimination laws.  Some federal courts have refused to recognize sexual orientation and gender identity discrimination claims because they are not explicitly listed in Title VII.  Other federal courts, however, have determined that sexual orientation and gender identity discrimination is, in effect, discrimination “on the basis of sex,” which is prohibited by Title VII.  The Supreme Court agreed to take up these cases to resolve this split of authority.

Those in attendance at the oral arguments have stated that the Court did not give a clear indication on how it plans to rule.  It is expected that the Court’s ruling will be issued in the first half of next year, only a few months before the 2020 presidential election.  Pennsylvania employers should keep an eye on these cases, as they could result in an expansion of employee protections in the workplace.  For any questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.