In 26 states, because of a lack of explicit protections for workers based on their gender identity, transgender workers can still be legally fired for being trans. On October 8, the Supreme Court will take up a case born out of this gap, taking the first steps in deciding whether it believes trans workers are protected under the 1964 Civil Rights Act. In the case, the high court will hear arguments on behalf of three workers who argue they were fired for being gay or trans. Two of the cases were brought by gay men, Gerald Bostock and the late Donald Zarda, who asserted they were fired from their jobs as a child welfare services worker and a sky diving instructor, respectively, because of their sexual orientation. The third case involves Aimee Stephens, a trans woman who was fired by her employer after she told him that she was trans.
In 2013, Stephens, at the time a funeral director at R.G. and G.R. Harris Funeral Homes in Michigan, told her employer, who has been described as a “devout Christian” in court documents, that she was trans. She also informed him that she would begin coming to work
and decided in Stephens’s favor, finding that “it is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s sex.” pseudo-feminist rhetoric pushed by TERFs like WoLF that has become a cornerstone of right-wing talking points against trans people, the ADF wrote in itsRedefining sex discrimination will cause problems in employment law, reduce bodily-privacy protections for everyone, and erode equal opportunities for women and girls, among many other consequences.
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