USA "Supreme Court Bans Company Discrimination against LGBT Employees"

The United States Supreme Court ruled that if a company fired employees because they were gay or transgender, the company had violated the civil rights law of citizens.

In its ruling, the Supreme Court said federal law not only prohibits discrimination based on sex, but also sexual orientation and gender identity.

This is the biggest win for all LGBT employees and their supporters. And this happens when the Supreme Court is considered more inclined towards conservatives.

The employer's attorney team believes that the Civil Rights Act of 1964 does not mention the protection of workers related to gender identity and sexual orientation. President Donald Trump's administration also sided with this opinion.

However, Judge Neil Gorsuch, said the dismissal of an employee must also take into account gender.

"A businessman who fires someone because he is homosexual or transgender, fires because of his behavior and actions, will not question the behavior and actions of people of other sexes," said a judge nominated by President Donald Trump.

Members of the LGBT community throughout the United States celebrated this decision.

‘A very emotional day’

Sean K Heslin, Palm Springs, California

Today, the Supreme Court's decision brought tears to my eyes.

As a lucky gay man living in California and originally from New York, I never worried about losing my job or not being employed just because of my sexual orientation.

But as a financial advisor who has worked for clients in various countries for more than 30 years, I've heard stories of people who lost their jobs just because he was gay. This makes me angry and sad drag on.

In recent years, I have spoken in seminars or as smart as with friends and family about how today and today it is still natural to fire people just because they are gay.

Many people don't believe me. To this day.

What is the purpose of the Supreme Court decision?

In Part VII of the Civil Rights Act of 1964, companies are prohibited from discriminating against employees on the basis of sex known as gender, race, color, nationality, and religion.

Under the administration of President Barack Obama, the Equality and Employment Opportunities Commission which promotes anti-discrimination rules, says these rules should incorporate elements of gender identity and sexual orientation. But the Trump Government revoked protection in the health and other fields of LGBT employees.

Some states in the US have implemented protection for LGBT workers, but many have not.

How is the LGBT group reacting?

LGBT supporters say the decision taken by Mahmakah Agung will end the concealment of a person's sexual identity that has not been revealed at work.

"Especially when the Trump administration revoked the rights of transgender groups and anti-transgender violence continued to destroy our country, this decision was a step forward to strengthen the honor of the trangender group and all LGBTQ people," said the leader of the LGBT rights group, GLAAD , Sarah Kate Ellis.

Demonstration in front of the United States Supreme Court building last year / Getty Images.

The American Civil Liberties Union (ACLU) shared the statement of one of the plaintiffs from the transgender group, Aimee Stephens, who died last month. The case was the first largest transgender civil rights case that was tried by the Supreme Court.

"I am glad the court acknowledged that what happened to me was wrong and illegal," Stephens said. "I am grateful, that the court said my transgender brothers and I have a place in our law - this makes me safer and involved in the social environment."

On the other hand, the Freedom Defenders Alliance, a conservative non-profit organization, questioned why the court had accepted the plaintiff's petition.

This organization claimed to be disappointed. They cautioned that this ruling would "create great chaos and injustice for women and girls in sports, women's shelters, and in many contexts".

What did the court say?

In his opinion, Judge Gorsuch said such matters were not handled by the court.

"The only question for us is whether an employer who fired his workers because he was homosexual or transgender has issued or discriminated against him" because of the sex of the individual ", he wrote.

The answer, he said, was "clear" - even though the case might have been anticipated when this rule was written.

"It is impossible to discriminate against someone because he is homosexual or transgender without discrimination based on the sex of the individual," he wrote.

However, three conservative judges opposed this decision: Samuel Alito, Clarence Thomas and Brett Kavanaugh.

How did this case begin?

This court decision has completed three cases filed by people who claimed to be fired, after the company found out they were gay and transgender.

Stephens previously said he was a man while working for six years in his office. Until finally he wrote a letter to his colleague, and said he would return to work "as who I really am, Aimee Australia Stephens, in appropriate business attire".

Two weeks later, Stephens was fired for wearing women's clothing while working in the office.

In a court archive last year, the owner of the funeral home asked Stephens to comply with the manner of dressing "appropriate for Stephens' biological body". The lower court won Stephens' opinion.

Donald Zarda, a skydiving coach from New York died in an accident in 2014, also took part in a case that was sued in the Supreme Court.

He was fired after joking with a female client. At the time, Zarda was parachuting, saying he didn't need to worry about body contact during training because he claimed to be "100% gay"

The company said Zarda was fired for sharing personal information with a client, not because he was gay, but a court in New York decided to support him.

Gerald Bostock, former coordinator of child welfare services from Gerogia, lost his job after joining a gay group softball league recreation event, which openly revealed his sexual orientation.

His boss, Clyaton County said that Bostock was fired because of the results of "doing something inappropriate as a regional employee". The Bostock case ran aground in Atlanta federal court.

LGBT historic moments in the United States

1958 January - The United States Supreme Court for the first time decides to support LGBT rights, saying that LGBT magazines previously considered obscene by the FBI and the postal service, have constitutional rights.

July 1961 - Illinois becomes the first state in the United States to not commit homosexuality.

June 1969 - The LGBT rights movement is believed to have started since police raided the Stonewall Inn, New York City, which sparked a demonstration.

September 1996 - President Clinton defines marriage as a union between "one man and one woman"

2003 June - United States Supreme Court rules sodomy law unconstitutional

2009 October - President Barack Obama signs the rules of Matthew Shepard and James Byrd Jr. Hate Crimes, expanding the scope of hate speech laws involving sexual orientation.

June 2015 - An important decision, the Supreme Court legalizes same-sex marriage in all states of the United States.

June 2016 - Pentagon lifts transgender bans from engaging in the military.

March 2018 - President Donald Trump issues a policy prohibiting transgender involvement in the military sector.

Source: tempo