by John Zappe
Originally published: September 15, 2017
Can employers discriminate against a person on the basis of their sexual orientation?
Until this spring, the answer was yes. For years, federal courts have said that bias against gays and lesbians is not covered by Title VII of the Civil Rights Act. Then, last spring, for the first time in the history of the 1964 law, a federal appeals court extended the protections of Title VII beyond biological identity to include sexual orientation.
As historic as that decision is, it set up a conflict among the 12 regional courts of appeal, which only the U.S. Supreme Court can resolve. Last week, appealing a case out of Georgia, Lambda Legal asked the high court to do just that.