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The Media is Lying to You about Title VII - Employment Discrimination

Welcome back to #ToxicRationality. If you're privileged enough to have a smart phone or computer, then maybe you've seen Time's article from this morning. In case you haven't, here it is.


As the title says, Time is telling us President Trump hates "the gays" and wants employers to be able to discriminate against them.


I'm here to tell you why that's not true.


Title VII

First, let's take a look at what Title VII actually is.



Seems pretty self-explanatory. With the Civil Rights Act of 1964, Title VII was written to protect citizens from employment discrimination. Originally created to provide equal opportunity to any citizen looking for a job or to vote, the Title became synonymous with equality. Until recently.


The brief

On Friday, President Trump's administration filed this brief with the Supreme Court.



Essentially what this brief is saying is Congress never truly defined the word "sex," but has used it separately from sexual orientation in previous cases. Employers cannot discriminate against employees based on their biological sex. But the title says nothing about actual sexual orientation.


The brief goes on to say, "Unfavorable treatment of a gay or lesbian employee as such is not the consequence of that individual’s sex, but instead of an employer’s policy concerning a different trait—sexual orientation—that Title VII does not protect.”


On the surface, that seems a little callous. Almost bigoted, right? That's what Time wants you to think.


What the media doesn't want you to see

You're probably sitting there thinking I'm a conservative, gun-loving Trump supporter. But I didn't vote Republican in the last election. And I'm not religious. I also don't own a single gun, nor would I. So, let's look at the stuff Time doesn't want you to read.



So, no, Trump isn't trying to make it legal to discriminate against your gay employee. The administration is trying to stop generalizing and stereotyping by defining terms more clearly than before.


Obviously, we need to draft some titles protecting gender and sexual orientation as well. But this brief isn't about creating those laws. It's about further defining what those words actually mean.


Sources


De La Garza, A. (August 25, 2019). Trump Administration Asks Supreme Court to Legalize Workplace Discrimination Against Gay Employees. Retrieved from https://time.com/5660956/trump-administration-anti-gay-brief-title-vii/


Equal Employment Opportunity Commission. (n.d.). Title VII of the Civil Rights Act of 1964. Retrieved from https://www.eeoc.gov/laws/statutes/titlevii.cfm


Francisco, N.J., Hunt, J.H., Dreiband, E.S., Wall, J.B., Moopan, H.M. (August 23, 2019). BRIEF FOR THE UNITED STATES AS AMICUS CURIAE SUPPORTING AFFIRMANCE IN NO. 17-1618 AND REVERSAL IN NO. 17-1623. Retrieved from https://www.supremecourt.gov/DocketPDF/17/17-1618/113417/20190823143040818_17-1618bsacUnitedStates.pdf

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