Maggie Gallagher Has The EEOC Sadz

"On Friday, the Equal Employment Opportunity Commission made a remarkably lawless decision: it unilaterally added 'sexual orientation' to the Civil Rights Act of 1964, something wholly unjustified by the text, by the history, or by the plain meaning of the statue, hijacking the civil rights movement in a profound new way. Everyone knows the Civil Rights Act of 1964 does not include sexual orientation. Even the gay rights movement knows it, because they proposed adding employment discrimination by statute, the Employment Non-Discrimination Act (ENDA), and even adding sexual orientation to the ’64 Act. Now, unless Congress acts, every religious school, charity, and parachurch organization must hire openly gay people, or face potential backbreaking litigation. Will Kennedy overturn this ruling? Don’t count on it. Will Congress pass a law against it, clarifying the Civil Rights Act of 1964 means what it says? Don’t count on that either." - Maggie Gallagher. (Tipped by JMG reader Christopher)

EEOC Rules That Anti-Gay Workplace Discrimination Is Barred By Existing Law

Chris Geidner reports at Buzzfeed:

The Equal Employment Opportunity Commission has ruled that existing civil rights law bars sexual orientation-based employment discrimination — a groundbreaking decision to advance legal protections for gay, lesbian, and bisexual workers. “[A]llegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex,” the commission concluded in a decision dated July 15.

The independent commission addressed the question of whether the ban on sex discrimination in Title VII of the Civil Rights Act of 1964 bars anti-LGB discrimination in a complaint brought by a Florida-based air traffic control specialist against Transportation Sec. Anthony Foxx.

The ruling — approved by a 3-2 vote of the five-person commission — applies to federal employees’ claims directly, but it also applies to the entire EEOC, which includes its offices across the nation that take and investigate claims of discrimination in private employment. While only the Supreme Court could issue a definitive ruling on the interpretation, EEOC decisions are given significant deference by federal courts.

The Human Rights Campaign reacts:

"Discrimination has no place in America, plain and simple," said HRC President Chad Griffin. "This historic ruling by the EEOC makes clear they agree workplace discrimination on the basis of sexual orientation, much like gender identity, is illegal. While an important step, it also highlights the need for a comprehensive federal law permanently and clearly banning LGBT discrimination beyond employment to all areas of American life. Such a law would send a clear and permanent signal that discrimination against LGBT people will not be tolerated under any circumstances in this country, and we remain fully committed to making that happen."

In a 2012 decision in Macy v. Holder, the EEOC determined that discrimination based on an individual's gender identity is sex discrimination and thus constitutes a violation of the Civil Rights Act. EEOC rulings are not binding on federal courts, however they are persuasive. This new decision continues an important trend in the development of case law. The Supreme Court has not yet ruled on this issue. HRC continues to advocate for permanent and explicit, legislated non-discrimination protections at all levels of government for LGBT people.

Lambda Legal reacts:

“This landmark opinion from the EEOC confirms what we have long argued in our cases: discriminating against gay, lesbian and bisexual employees violates federal law. This ruling is likely to have enormous positive effects because EEOC interpretations of Title VII are highly persuasive to the courts—they tend to be predictive. Given the clarity and logic of this opinion, most courts are likely to stop simply referring to old, illogical rulings about Title VII coverage. A few may disagree, but most probably will be guided by the Commission’s straightforward approach,” said Greg Nevins, Counsel and Employment Fairness Strategist for Lambda Legal. Lambda Legal has been working for years on cases showing why Title VII, when properly understood, protects LGBT employees. This EEOC decision cites some of Lambda Legal’s recent work on this issue and it will be immensely significant in this continuing work.

While this will likely end up before the Supreme Court, it seems like today's ruling could ultimately mean a win in the decades-long battle for Congress to pass ENDA.

Ford Worker Files EEOC Complaint Over Firing For His Anti-Gay Email To Bosses

Via Detroit's ABC affiliate:

A former Ford Motor Company contractor says he was fired because he criticized the auto company for having a policy that is pro-gay, according to a complaint filed with U.S. Equal Employment Opportunity Commission (EEOC). Thomas Banks of Ypsilanti, who also filed his EEOC complaint against Rapid Global Business Solutions, stated that the companies violated his civil rights, discriminating against him because of his religious beliefs. Banks was not available for comment. But Liberty Institute, which is based in Dallas, and is representing Banks, issued a press release criticizing both companies for the termination. In a written statement, Liberty Institute says that in July 2014, Banks received a Ford Motor Company newsletter, “…which shared its policy to promote pro-homosexual ideas. In the feedback section, Mr. Banks submitted a single comment, addressed to Ford, disagreeing with Ford’s policy based on his biblical views.”

Here is the text of Banks' biblical views:

“For this Ford Motor should be thoroughly ashamed. Endorsing and promoting sodomy is of benefit to no one. This topic is disruptive to the workplace and is an assault on Christians and morality, as well as antithetical to our design and our survival. Immoral sexual conduct should not be a topic for an automotive manufacturer to endorse or promote. And yes-this is historic-but not in a good way. Never in the history of mankind has a culture survived that promotes sodomy. Heterosexual behavior creates life - homosexual behavior leads to death.”

Both Ford and the contractor have issued statements affirming their anti-harassment policies. (Tipped by JMG reader Scott)

Feds Sue Over Anti-Trans Discrimination

Chris Geidner has the scoop at Buzzfeed:

The Equal Employment Opportunity Commission filed lawsuits Thursday against two companies accused of discriminating against transgender employees, the first time the federal government has brought suit under the Civil Rights Act of 1964 to protect transgender workers. The two complaints, filed in federal courts in Florida and Michigan, are the latest — and most ambitious — steps in a series of aggressive moves taken by the commission in the past several years to advance LGBT rights under existing laws. “This enforcement priority aims to give full force to Title VII’s prohibition against sex discrimination to ensure it helps eliminate unlawful discriminatory barriers to LGBT applicants and employees,” EEOC General Counsel David Lopez said in a statement to BuzzFeed News. “It seeks to ensure employers aren’t considering irrelevant factors, like gender-based stereotypes or gender identity, in making employment decisions.”

The Florida case is against an eye clinic and the Michigan case is against a funeral home. Hit the link and read Geidner's lengthy dissection of the issues.