A Federal Court Just Ruled For Gay Rights In A Major Discrimination Case

  • metta

    Posts: 44772

    Feb 26, 2018 8:57 PM GMT
    A Federal Court Just Ruled For Gay Rights In A Major Discrimination Case
    The decision is a loss for the Justice Department, which argued that a 1964 civil rights law doesn’t protect gay workers.

    "The Court of Appeals for the 2nd Circuit ruled Monday, “We now hold that sexual orientation discrimination constitutes a form of discrimination ‘because of . . . sex,’ in violation of Title VII.”

    On Monday, the 2nd Circuit found "sexual orientation is doubly delineated by sex because it is a function of both a person’s sex and the sex of those to whom he or she is attracted. Logically, because sexual orientation is a function of sex and sex is a protected characteristic under Title VII, it follows that sexual orientation is also protected."

    "Sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination," the majority wrote.

  • bro4bro

    Posts: 2193

    Feb 27, 2018 5:00 PM GMT
    That's a very important victory. They ruled that you can't be fired simply for being gay. And at this point only the Supreme Court can overturn it.


    This decision came in a case brought by Daniel Zarda, the skydiving instructor (later killed in a skydiving accident). His parents chose to pursue the case. Zarda claimed he was fired for being gay, but his employer claimed he was fired because a female client accused him of touching her inappropriately while suiting her up for a tandem jump. Apparently it was necessary for him to handle her in places she wouldn't normally give a stranger access to - and he chose to draw attention to that by telling her, "Don't worry, I'm gay." It was a bad choice. A professional wouldn't joke about it in a way that brings sex into the situation, highlights the awkwardness and makes the customer uncomfortable. The very last thing a skydiving operator needs is an employee who makes his clients uncomfortable.


    So, it's great that the court ruled you can't fire someone simply for being gay. But in this case it might not have been the real issue. They may have ruled against the skydiving operator unjustly.
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    Feb 28, 2018 7:13 PM GMT
    Gay rights became enshrined in Canada in 1985 when the Supreme Court ruled that sexual orientation was implicitly included in the section of the Constitution that protects against discrimination as an "analogous ground" even though the section explicitly banned discrimination on the basis of sex, colour, religion etc while omitting sexual orientation.

    My guess is that the US Supreme Court will "read into" the law the same thing.