LGBTQ workers are entitled to the full protections of our nation’s laws. If the Supreme Court rules that Title VII does not prohibit discrimination based on sexual orientation and gender identity, it will create an arbitrary and painful carve-out to the landmark civil rights law, leaving LGBTQ workers vulnerable to discrimination and harassment on the job. The Impact Fund and our allies urge the Court to adopt a uniform, protective standard that will fulfill Title VII’s promise of equal employment opportunity for all.
While Wittmer does not change the federal law protecting LGBTQ people, it stands as an outlier among many recent decisions that have found that discriminating against them in the workplace is “because of sex.” The Fifth Circuit covers Louisiana, Mississippi, and Texas, all states that lack statewide protections for LGBTQ workers, and LGBTQ people in the South face higher rates of prejudice and intolerance than other parts of the country. Wittmer makes the conflict among the states and federal circuits even stronger, where LGBTQ workers can be protected in one part of our country but not in another.
Our twenty-five years of litigating civil rights cases, training plaintiffs’ attorneys in complex and impact litigation, and supporting innovative social justice cases have given us a unique understanding of what it will entail to enforce the laws protecting LGBTQ people. That’s why we are launching Impact LGBTQ.