The
Justice Department filed an amicus brief Wednesday saying that Title
VII of the Civil Rights Act of 1964 does not cover employment
“discrimination based on sexual orientation.”The
DOJ filed the brief in the case of Donald Zarda, who had filed suit
against his former employer Altitude Express in a case that questions
whether sexual orientation is included in Title VII’s protections.Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
As awful as this is, I think it’s worth noting that this is not a new policy- the Supreme Court and every circuit but 1 have held that sexual orientation is not a protected category under title VII. Also, an amicus brief has little weight, and the court doesn’t have to care what any amicus brief says. So this could still go either way, but it’s not taking away a remedy that already existed for LGBT employees.
DOJ files amicus brief that says Title VII does not protect sexual orientation