U.S. Supreme Court divided on LGBT employment protection; Gorsuch could be key

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10/07/2019

The U.S. Supreme Court on Tuesday appeared closely divided over whether a landmark federal law forbidding sex discrimination in the workplace protects gay and transgender employees, with conservative Justice Neil Gorsuch emerging as a potential decisive vote. The nine justices heard two hours of high-profile arguments in three cases that could broaden LGBT rights involving three workers – two gay and one transgender – who sued after being fired by their employers, claiming unlawful discrimination. The Supreme Court has never ruled on transgender rights. The court’s four liberal justices signaled agreement toward arguments by the plaintiffs that gay and transgender workers are covered under Title VII of the Civil Rights Act of 1964, which bars employers from discriminating against employees on the basis of sex as well as race, color, national origin and religion.

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