From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
By Chris Opfer
The Justice Department is getting more time to weigh in on a transgender discrimination case that already has exposed a rift in the Trump administration.
The U.S. Supreme Court Aug. 15 granted Solicitor General Noel Francisco an extension to reply to a Michigan funeral home’s request for the high court to take up the case. The U.S. Court of Appeals for the Sixth Circuit in 2017 became the first appeals court in the nation to find that a federal ban on sex discrimination includes gender identity bias. It said R.G. & G.R. Harris Funeral Homes violated the law by firing Aimee Stephens when she began transitioning to a woman.
The issue has divided the Trump administration. The Equal Employment Opportunity Commission sued on behalf of Stephens, arguing that gender identity discrimination is a form of sex discrimination banned by Title VII of the 1964 Civil Rights Act. The DOJ, which exclusively represents the government in Supreme Court cases, says Congress didn’t intend the law to stretch that far.
It remains unclear whether the Justice Department will allow the EEOC to participate in the case. Spokeswomen for both agencies declined Bloomberg Law’s requests for comment.
The case is one of three testing whether federal workplace discrimination law already bans LGBT bias that the Supreme Court could take up when it reconvenes for the fall term. The other two cases involve workers who say they were fired because of their sexual orientation.
The court gave the DOJ until Sept. 24 to file a response.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)