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AGs argue that Title VII prohibits discrimination on the basis of sexual orientation

first_imgVermont Business Magazine Attorney General TJ Donovan filed an amicus brief filed with the US Court of Appeals for the Second Circuit, arguing that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation. The brief was led by New York Attorney General Eric Schneiderman and signed by Donovan and Connecticut Attorney General George Jepsen. This week marks the second anniversary of the US Supreme Court’s decision in Obergefell v. Hodges, which recognizes the constitutional rights for same sex couples to marry. The Attorneys General argue that sexual orientation discrimination is a form of sex stereotyping and wrongly penalizes LGBTQ employees for conduct that would be considered “acceptable” if they were of the opposite sex – thereby constituting disparate treatment on the basis of sex.“No employee should fear retribution because of their sexual orientation. I am committed to fighting discrimination, protecting the rights of all people and recognizing that love is love.” Attorney General Donovan said.The case, Zarda v. Altitude Express, involves a former sky diving instructor who alleged that he was fired after disclosing his sexual orientation to a customer. The Attorneys General filed their amicus brief with the Second Circuit, which recently granted a petition for rehearing en banc.“Sexual-orientation discrimination is a form of sex discrimination that violates Title VII,” the Attorneys General argue. “That statute strikes broadly at all forms of disparate treatment based on an employee’s sex, including punishing an employee’s failure to conform to sex stereotypes. Yet sexual-orientation discrimination does just that: it penalizes employees for failing to conform to sex stereothttp://vermontbiz.comypes, namely, that men should seek and form intimate relationships only with women, and women only with men. That these stereotypes address intimate behavior—as opposed to other conduct subject to received notions of how men and women ought to behave—does not remove them from the broader category of sex stereotypes that employers may not impose without violating Title VII.”The Attorneys General argue that recognizing that Title VII includes discrimination based on sexual orientation will help protect vulnerable employees and aid the States’ efforts to fight invidious discrimination and its harms. VBM vermontbiz.comClick here to read the full amicus brief(link is external).Source: Vermont AG. June 27, 2017last_img

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