Trump Administration: Employers Should Be Able To Fire People Because They Are Gay
Is this part of making America great again?
Trump's Justice Department is arguing that employers should have the legal right to fire people because they're gay.
Yesterday, at the behest of Attorney General Jeff Sessions, every one of the 13 judges of the 2nd Circuit Court of Appeals heard oral arguments in Zarda v. Altitude Express, a case in which a skydiving instructor is suing his former employer, after alleging that he was fired because of his sexual orientation.
The judges are expected to decide if the Title VII provision of the 1964 Civil Rights Act that protects against discrimination based on gender should also apply to discrimination based on sexual orientation.
“Employers under Title VII are permitted to consider employees’ out-of-work sexual conduct,” argued Hashim Mooppan, the Department of Justice attorney. “There is a commonsense, intuitive difference between sex and sexual orientation.”
Tuesday’s oral arguments were an even rarer occasion because another government agency, the Equal Employment Opportunity Commission, was in court to argue against the DOJ, saying gay employees are protected by Title VII. The Justice Department inserted itself into the case in July by filing a brief supporting the employer.