Most people who work in Colorado know that there has been a federal law banning discrimination in the workplace. This law is part of the Civil Rights Act of 1964 and makes illegal discrimination against a variety of protected classes or discrimination based on several factors. One of these factors is a person’s sex. Today, the United States Supreme Court is in the throes of reviewing cases that put the definition of sex and the scope of this law to the test.
As explained by CNN, in early October, the high court heard testimony both in favor and against including a person’s sexual orientation or gender identity in the definition of sex within the context of Title VII of the CRA. The testimony was based on multiple lower court cases including that involving a former head of funeral director who was fired after undergoing a transition from being male to being female. Another case involved a gay man who was fired from his job working with neglected or abused children after his sexual orientation became known at work.
A poll was recently conducted by Marquette Law School to get a sense of where the general public stood on the matter. As reported by Vox, 61% of respondents indicated that they were in favor of ensuring that the verbiage “because of sex” also referred to a person’s gender identity or sexual orientation. Only 30% of people were not in favor of this clarification or definition.
It is not known exactly when the Supreme Court’s final decision on the matter will be presented, but it is certainly going to be one that people everyone will be waiting for.