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Justices will hear major LGBT workplace cases, testing title VII's scope

Marcia Coyle writes in The National Law Journal, "The U.S. Supreme Court on Monday agreed to decide whether the nation’s major workplace anti-bias law prohibits discrimination on the basis of sexual orientation and transgender status.

The cases, closely watched by employers, consumers, civil rights groups, conservative and religious organizations, will draw the high court back into the culture wars amid the 2020 presidential election year.

The justices will hear arguments next term in the cases Altitude Express v. Zarda from the U.S. Court of Appeals for the Second Circuit, Bostock v. Clayton County from the Eleventh Circuit and R.G. & G.R. Harris Funeral Homes v. Equal Employment Opportunity Commissionfrom the Sixth Circuit.

At the center of each case is Title VII of the 1964 Civil Rights Act, which bars employers from discriminating because of sex, race, color, national origin or religion. The Zarda and Bostockcases ask the justices whether “because of sex” includes an individual’s sexual orientation. The Second Circuit said it does; the Eleventh Circuit disagreed with that conclusion." READ MORE>>

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