The 2nd US Circuit Court of Appeals, which covers New York, Connecticut, and Vermont, ruled that anti-gay work discrimination is already considered illegal under federal law. On Monday, Chief Judge Robert Katzmann confirmed that this ruling was established under Title VII of the Civil Rights Act of 1964. Katzmann listed three reasons why anti-gay work discrimination is prohibited by law including that “sexual orientation discrimination is motivated…by sex and is thus a subset of sex discrimination,” that the Title prohibits employers from punishing employees for failing to conform to gender norms, and that racial discrimination of interracial marriages mirrors the workplace discrimination of homosexuals. The court is aligning their judgment with the 7th US Circuit Court of Appeals, which covers Illinois, Indiana, and Wisconsin, and the Equal Employment Opportunity Commission, whom both agree that Title VII protects homosexuals in the workplace. Ultimately, the Supreme Court will have to define the boundaries of the law regarding the protection of LGBTQ workers.
Protecting workers whose sexual orientation may differ from some colleagues in the workplace remains an important issue. With the latest ruling by the 2nd US Circuit Court of Appeals, it further cements the legal support homosexuals will receive if they experience workplace discrimination due to their sexual orientation. No type of discrimination should be tolerated in the workplace, but it still exists among many industries across the country.
If you experienced workplace discrimination due to your sexual orientation, call our Philadelphia LGBT lawyers at Sidney L. Gold & Associates, P.C. at 215-569-1999 or contact us online to schedule a free consultation. We protect the rights of victims facing any type of workplace discrimination at our offices in Philadelphia, Pennsylvania where we serve clients in the surrounding areas of the city as well as in New Jersey and New York.