Immediate Effects of the Supreme Court Ruling on LGBTQ

                         

     

Immediate Effects of the Supreme Court Ruling on LGBTQ

The ruling by the Supreme Court of the United States

(SCOTUS) on the protection of lesbian, gay bisexual,

transgender, queer (LGBTQ) individuals is based largely on the

inclusion by implication (logical necessity) of LGBTQ in the

word “sex”. That word is found in Title VII of the Civil rights

Act of 1964 as amended.

Title VII prohibits discrimination in employment against the 

named protected classes. Some of the protected classes are race, national

origin, and sex.  Some protected classes are protected in other Federal Codes,

for example age and disparities. Some classes are left out.

Previous to the ruling, 20 states had no laws whatsoever protecting 

LGBTQ individuals in employment. In those states, before the 

SCORUS ruling, the LGBTQ individuals had no legal recourse. In 

those states today, LGBTQ individuals can go to Federal court 

with their complaints. However they would have to file their

complaints with the Equal Employment Opportunity Commission

(EEOC) first.   The EEOC has jurisdiction over Title VII and determines

probable cause. The EEOC might then issue permission to file the complaint

in Federal court. At this point the EEOC involvement ends.  For the 

most part the EEOC investigates class action types of 

discrimination.

In Massachusetts there are now two options for LGBTQ 

individuals. Massachusetts already has in place a fairly strong 

State statues against discrimination of LGBTQ people, M.G.L. Chapter

151B. The Massachusetts Commission Against Discrimination (MCAD) has a

contract with EEOC to investigate complaints that violate EEOC codes. The

MCAD also simultaneously will investigate the complaint as a violation of

Chapter 151B.

Should a person complain to the EEOC first the MCAD will not 

investigate the case. From experience the MCAD takes at least two to

investigate a case. It might be faster to file at EEOC for Federal Court or file at

MCAD and withdrawal the case to go to State court. If you want MCAD to

hear the case before the Commission, then the case would have remain at the

MCAD. 

After the MCAD investigation if there is a probable cause finding, 

then there exist the options of going to Federal court or to 

State court, or having the MCAD decide the complaint. Only one 

option can be chosen.

 Because SCOTUS has legally given the term “sex” an inclusive 

meaning, it implies that elsewhere in the law the term “sex” will 

also be inclusive, such as healthcare, housing. The exclusiveness is 

not automatic and test cases will be needed to define each statute or code or

regulation. It is unlikely that opposition to the inclusion would succeed as

SCOTUS would almost certainly rule in favor of the inclusiveness.