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Will the high court allow discrimination on sexual orientation?

In another bold move against the LGBT community, President Trump’s administration has asked a federal appeals court to deny discrimination protection for transgender individuals.

Federal input on a private lawsuit

A private employment discrimination lawsuit between an employee and employer regarding gay rights issues is before a federal appeals court on the East Coast. The Trump administration’s Justice Department has intervened in the case. It asserts that Title VII of the Civil Rights Act of 1964 does not protect people from discrimination based on sexual orientation.

This position by the federal government is the opposite of what the Equal Employment Opportunity Commission ruled in 2015 and what the Justice Department under the Obama administration asserted.

Various federal appeals courts across the nation disagree on what the law does and does not do. This means that the case may end up before the U.S. Supreme Court in the future.

The intervention in the case is another example of President Trump appearing to contradict promises made during his election campaign. On July 26, he tweeted that he will stop transgender individuals from serving in the military. He also reversed guidelines established by Obama that sought to protect transgender students in schools.

Protections for employees and students in California

Despite the potential changes, Californians are still afforded protections not available in other states. Since 2011, the California Fair Employment and Housing Act prohibits employment discrimination based on “gender identity” and “gender expression.” New regulations came into effect on July 1 of this year that are supposed to help employers and employees know what is and is not allowed.

If you believe you are a victim of discrimination in the workplace or in school, you owe it to yourself to learn about your legal options. An experienced discrimination lawyer can help you.