There has been an innovative decision about the rights of LGBT employees. It will lead to Supreme Court case over interpretation of 1964 Civil Rights Act, which does not explicitly cover sexual orientation. With this new decision companies cannot discriminate against LGBT employees in the workplace because of their sexual orientation. This decision is explained as a game changer for lesbian and gay employees facing discrimination in the workplace.
This decision comes from the case of Kimberly Hively who is an Indiana teacher, and who claimed that the Ivy Tech community college in South Bend didn’t hire her full time because she is a lesbian. The judge wrote that there needed a change in interpretation of the Civil Rights Act, which bars discrimination based on race, color, religion, national origin or sex and agreed with Kimberly Hively in an opinion concurring with the majority. A great chance that this decision comes as Donald Trump’s administration has begun setting its own policies on LGBT rights.
This decision and the expected settings of Trump administration are seen as the turning point to stop punishing people for being gay, being lesbian, being transgender.
On the other hand Ivy Tech don not accept the claims and stated that its policies specifically barred discrimination based on sexual orientation.
Hively case remembered the meaning of the word “sex” in Title VII, the section of the law that deals with discrimination. Some courts have concluded that Congress meant for the word to refer only to whether a worker was male or female. According to them, it would be wrong to stretch the meaning of “sex” in the statute to include sexual orientation. This topic seems to be talked for a long time