“Different interpretations of Title VII have led to uncertainty in the workplace and left LGBT Americans inconsistently protected from workplace harassment and discrimination, despite applicable federal law,” wrote the Senators and Representatives. “We firmly believe that Title VII’s sex discrimination provision already prohibits discrimination based on an individual’s sexual orientation and gender identity, and we urge the Court to overrule erroneous Second Circuit precedent to the contrary.”
Heinrich is an original cosponsor of the Equality Act, legislation to clarify and expand current civil rights laws to better protect people of color, women and LGBT Americans from discrimination. Among other provisions, the Equality Act would clarify existing law by adding sexual orientation and gender identity to the list of explicitly protected classes in the Civil Rights Act of 1964.
A copy of the full brief can be found here.