Last week the Supreme Court heard two hours of oral argument in a pair of closely watched cases that could reshape federal discrimination law. Both cases seek to determine the scope of Title VII’s prohibition on discrimination “because of…sex.” The first argument consolidated two cases, Altitude Express v. Zarda and Bostok v. Clayton County.
In both of those cases, the plaintiffs are gay men who allege that they were fired because of their sexual orientation. In the second case, Harris Funeral Homes v. EEOC, the plaintiff alleges that she was fired based on her gender status — in other words, because she is transgender. Together, the cases ask the court to decide whether Title VII prohibits discrimination against LGBTQ employees.
