The de Blasio Administration today announced New York City, Los Angeles and a coalition of 66 local governments across the nation have filed an amicus brief with the U.S. Supreme Court in support of three LGBTQ employees in their legal fight to remain covered by Title VII of the Civil Rights Act, a federal law that prohibits sex-based discrimination in the workplace.
“As home to the largest LGBTQ community in the country, New York City will never stand idly by while someone is made to feel less than just because of who they are,” said Mayor Bill de Blasio. “Who someone is will never be an acceptable excuse for firing someone, and I will always stand with working people to call out and fight discrimination as long as it exists.”
“No one should be denied access to employment and financial security because of who they are, and in New York City, we have worked hard to enforce what is morally, ethically and legally right,” said First Lady Chirlane McCray. "We are proud to join cities across the country in the fight to protect the civil rights of LGBTQ workers. No matter the outcome of this case, our City's anti-discrimination laws will stand.”
“New York and other cities have been in the forefront of protecting workers against discrimination on the basis of sexual orientation and gender identity” said Corporation Counsel Zachary W. Carter. “As detailed in our brief, when LGBTQ employees are protected from discrimination and have equal access to facilities and other accommodations, we build a stronger sense of community in the workplace. We join in arguing that the Supreme Court should affirm the long accepted view that Title VII protects LGBTQ workers.”
Amici supports plaintiffs in the following cases:
R.G. & G.R. Harris Funeral Homes Inc. v. EEOC & Aimee Stephens – Funeral home director fired after informing owner that she is transgender.
Altitude Express Inc. v. Zarda – Skydiving instructor fired after disclosing that he was gay.
Bostock v. Clayton County – Child welfare services coordinator fired after employer learned he is gay.
The brief argues that government agencies, institutions and communities are strengthened by longstanding local laws prohibiting discrimination based on sex, and that these institutions and individuals would be harmed if the Court eliminates federal discrimination protections for LGBTQ workers.
Regardless of how the Court rules, New York City will continue to enforce its own antidiscrimination and equal employment laws, which explicitly prohibit discrimination on the bases of sexual orientation, gender identity and more. In filing this brief, New York City and Los Angeles, joined by 66 other local governments, argue that removing the protections for gender identity and sexual orientation from Title VII would inhibit the efforts of local governments across the country to protect LGBTQ individuals from discrimination in the workplace to the fullest extent possible.
“New York City has outlawed discrimination in employment, housing, and public accommodations on the basis of sexual orientation since 1986 and on the basis of gender identity and expression since 2002,” said Carmelyn P. Malalis, Chair/Commissioner of the NYC Commission on Human Rights. “It is past time our country takes up this mantle and confirms that these protections exist within the Civil Rights Act of 1964. It is impossible to discriminate against LGBTQI people without implicating their sex or gender—classes already protected under Title VII. We urge the Supreme Court to codify these protections and prohibit anti-LGBTQI discrimination in the workplace.”
“No one should be discriminated against based on their race, religion, sex, sexual orientation or gender identity—in the workplace or anywhere,” said Department of Consumer and Worker Protection Commissioner Lorelei Salas. “If the Supreme Court excludes LGBTQ employees from this worker protection law, it is not only shameful but a violation of their human rights. I’m proud to live and work in a city that will fight to protect its vibrant LGBTQ community and their employment rights.”
“New York City has proven that protecting LGBTQ communities from employment discrimination is not only possible, it is an essential component in creating more meaningful economic justice and equity for our communities,” said Ashe McGovern, Executive Director of the NYC Unity Project. “We are proud to join with jurisdictions across the country in the fight to ensure that our statutory and fundamental constitutional rights, which have already been affirmed by courts nationwide, continue to be upheld.”
