[20191011]LSB10352_最高法院审议同性恋和变性工作者的性别歧视指控.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Considers Sex Discrimination Claims by Gay and Transgender Workers October 11, 2019 On October 8, 2019, the Supreme Court heard oral argument in Altitude Express, Inc. v. Zarda, Bostock v. Clayton County, Georgia, and R.G. & G.R. Harris Funeral Homes, Inc. (Harris Homes) v. EEOC, a trio of cases in which the Court is considering for the first time whether the prohibition of employment discrimination “because of . . . sex” in Title VII of the Civil Rights Act of 1964 (Title VII) encompasses discrimination based on sexual orientation or gender identity. This Sidebar provides an overview of Altitude Express, Bostock, and Harris Homes for Congress. The Sidebar first outlines select Supreme Court precedent interpreting Title VIIs prohibition on sex-based discrimination, then summarizes the facts and arguments in the current cases. The Sidebar concludes by discussing the potential implications of the cases, including key considerations for Congress. Title VII and Discrimination Because of Sex Title VII provides in relevant part that it is “an unlawful employment practice” for an