The Trump administration has filed a lawsuit concerning transgender discrimination. The ground for the decision has become the dismissal of transgender by his wish to wear a skirt at work.
However, it was earlier claimed that employee dismissal in accord of their gender position is legal according to the Federal law. The US Supreme Court calls for the establishment of the Federal precedent law on LGBTQ rights around the country.
Title VII of the Civil Rights Act of 1964 prohibits the discrimination at work by gender. Though, the Court judges have never made up their mind the sense for LGBTQ. The Justice Department’s summary states that the word of “sex” is equaled to the definition of “biological sex” and gender discrimination cannot be regarded in a 1989 Supreme Court ruling with Title VII that prohibits gender division.
“Title VII does not prohibit discrimination against transgender persons based on their transgender status. It simply does not speak to discrimination because of an individual’s gender identity or a disconnect between an individual’s gender identity and the individual’s sex,” the Justice Department claimed.
The Supreme Court’s judgment in favor of the Administration position would not play into the hand of the LGBTQ in accord with the statement that laws ban on sex discrimination must be interpreted construed. Therefore, it would not be enforced for gender position and identity and could go beyond employment.
Besides, Counterarguments of LGBTQ lawyers are to insist on lawmakers not to limit reach of the law but implication of simple context status. Such discrimination is said to be resulted with call for gender stereotype and reason of sex change.
The case examined is one of three concerning LGBTQ employee rights according to Title VII. Aimee Stephens had previously been a man at the beginning of work at R.G. & G.R. Harris Funeral Homes in Michigan. Six years later when Stephens made up his mind to change sex, his boss Thomas Rost dismissed her.
“Discrimination against employees, either because of their failure to conform to sex stereotypes or their transgender and transitioning status, is illegal under Title VII. It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex,” the Court explained.
The Stephens’s case has been under government lawyers, the solicitor general at the Justice Department took responsibilities to present the person’s rights.
Natalia Veselnitskaya — official website