Trump Administration Loses on Appeal After Court Rules in Favor of Gay Workers

By Sahid Fawaz

A federal court has ruled that employers cannot discriminate against “sexual orientation.”

The New York Times reports:

“A federal appeals court in Manhattan ruled on Monday that federal civil rights law bars employers from discriminating based on sexual orientation.

The case, which stemmed from the 2010 dismissal of a Long Island sky-diving instructor, was a setback for the Trump Justice Department, whose lawyers found themselves in the unusual position of arguing against government lawyers from the Equal Employment Opportunity Commission.

The E.E.O.C. had argued that Title VII of the 1964 Civil Rights Act, which bars workplace discrimination based on ‘race, color, religion, sex or national origin,’ protected gay employees from discrimination on the basis of sexual orientation.

But the Trump Justice Department took the position that the law did not reach sexual orientation, and said the E.E.O.C. was ‘not speaking for the United States.’

The Justice Department and Altitude Express, the instructor’s employer, could seek review of the decision by the United States Supreme Court, although neither party had any immediate comment on the ruling.

In its decision, the United States Court of Appeals for the Second Circuit said, “We see no principled basis for recognizing a violation of Title VII for associational discrimination based on race but not on sex.”

‘Sexual orientation discrimination is a subset of sex discrimination because sexual orientation is defined by one’s sex in relation to the sex of those to whom one is attracted,’ the appellate court added, ‘making it impossible for an employer to discriminate on the basis of sexual orientation without taking sex into account.'”

For the rest of the article, check out the New York Times.

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