Rutgers Center for SJE & LGBT Communities

In Pittsburgh, a federal judge has ruled that existing civil rights laws do protect people from facing discrimination based on their sexual orientation.

It’s been a long-standing question in terms of nondiscrimination protections for workplaces, particularly in the context of Title VII of the Civil Rights Act. The Equal Employment Opportunity Commission ruled in 2015 that Title VII’s ban on sex stereotyping also applied to sexual orientation. 

In this case, Judge Cathy Bissoon’s ruling means that the EEOC can continue its case against Scott Medical Health Center, which is accused of mistreating an employee for being gay. 

While Bissoon is not the first judge to reach the conclusion she did on Friday, the decision is significant for a few reasons. The opinion itself — as direct and forceful as it is — is important, because it can be cited to in lawyers’ briefs and in other judges’ decisions. More importantly, however, is the fact that it comes in a case brought by the EEOC itself — the agency in the federal government responsible for interpreting Title VII.

Finally, it is notable that the ruling comes a few weeks before the full federal appeals court in Chicago is due to reconsider a decision of a three-judge panel from the court rejecting the argument that sexual orientation claims are currently covered under Title VII. The three-judge panel of the 7th Circuit Court of Appeals held that only the US Supreme Court or a change in law could provide those legal protections. The full court — with the urging of the EEOC and others — agreed to reconsider that decision, which it will do on Nov. 30.

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More Than Half of the LGB Community Is Bisexual

Graph by GLAAD from their new guide for reporting on the bi community (made in partnership with BiNet USA, Bi Resource Center, and Bi Organizing Project.) Stats from a study by the Williams Institute.

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The department store chain even proclaimed its support for the Equality Act that is proposed in Congress.

“We believe that everyone — every team member, every guest, and every community —deserves to be protected from discrimination, and treated equally,” the company said in its statement. “Consistent with this belief, Target supports the federal Equality Act, which provides protections to LGBT individuals, and opposes action that enables discrimination.”

The bill would revise the 1964 Civil Rights Act to include protection for sexual orientation and gender identity, effectively making it illegal to discriminate in hiring and housing and more. The Equality Act is supported by President Obama and the two Democrats running to replace him, but it is stalled in a Republican congress. It’s the polar opposite of what North Carolina lawmakers passed in House Bill 2, which banned local governments from including sexual orientation and gender identity in their anti-discrimination ordinances. The law also specifically targeted transgender people, who it requires to use the public bathroom and locker room facilities that don’t match their gender identity.

Obviously, Target’s bathrooms aren’t the kind of “public” bathrooms that the law takes aim at, but the statement is still seen as a rebuke of lawmakers. Target has come a long way from the days when LGBT activists had threatened a boycott of the company in 2010. The Human Rights Campaign had once even dropped the chain from its annual buyer’s guide. That’s when Target’s political donations ended up supporting an antigay candidate for governor in Minnesota, where it’s based.

Now, Target not only sells products that celebrate LGBT people, and touts the launch of a gender-neutral kids collection, it’s speaking out in defense of LGBT people in the political sphere.

The 2–1 decision afforded deference to the federal government’s interpretation of existing law to protect trans students from discrimination. Under that interpretation, the court held, public schools cannot exclude trans students from the bathroom. The ruling puts North Carolina’s new bathroom restrictions in direct conflict with federal law and clear judicial precedent.