Attorney General Ford Files Supreme Court Brief to Protect LGBTQ+ Employees From Discrimination

July 3, 2019

Carson City, NV – On the heels of Pride Month and the 50th anniversary of the Stonewall riots that began the modern gay rights movement, Nevada Attorney General Aaron D. Ford, along with a coalition of 21 other attorneys general, filed an amicus brief with the U.S. Supreme Court arguing that federal anti-discrimination laws protect LGBTQ+ employees. The coalition will file the brief in three cases pending before the court that involve workers being fired based on sexual orientation or gender identity.

    The brief is being filed in the Supreme Court cases of Altitude Express v. Zarda; Bostock v. Clayton County, Georgia; and R.G. & G.R. Harris Funeral Homes v. EEOC, which are being considered together by the court. In their brief, the coalition argues that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against transgender people or on the basis of sexual orientation.

      “No one should lose their job because of who they love or how they identify,” said AG Ford. “I’m proud to join this brief in support of LGTBQ+ Nevadans and our state law that protects LGTBQ+ people from being fired just because of their sexual orientation or gender identity. All that should matter is if someone can do their job well.”

        Two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, involve employees who were terminated from their jobs after their employers learned they were gay. The attorneys general argue in their brief that Title VII’s prohibition on discrimination based on sex encompasses discrimination based on an individual’s sexual orientation. The third case, R.G. & G.R. Harris Funeral Homes v. EEOC, involves a transgender woman who was fired by the funeral home where she worked when she asked her employer for permission to dress in accordance with her gender identity. In the brief, the coalition argues that Title VII prohibits discrimination against transgender people based on sex stereotyping or their gender identity.

          The coalition argues that employment discrimination based on sexual orientation and gender identity increases the already high rates of prejudice LGBTQ+ people experience at work. It also contributes to increased harassment of LGBTQ+ employees in the workplace, which ranges from denial of jobs and promotions to physical and sexual assault.

            In the brief, the attorneys general also argue that discrimination against LGBTQ+ employees impedes States’ ability to promote equality and protect residents’ dignity, economic security and mental health. Furthermore, the coalition argues that discrimination against LGBTQ+ workers has an economic impact on States because when LGBTQ+ residents are denied the ability to support themselves, many are forced to rely on public assistance programs. Discrimination against LGBTQ+ workers also decreases business productivity and increases health costs, which inhibits States’ economic growth.

              Joining Attorney General Ford in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington.