The United States Supreme Court agreed to consider if federal employment discrimination law which bans discrimination based on sex also includes discrimination based on sexual orientation or gender identification on Monday, according to Politico. 

After lower courts have been divided on the issue, the Supreme Court will now hear three different petitions whether Title VII of the Civil Rights Act which prohibits employment discrimination based on sex also encompasses discrimination based on sexual orientation and gender identity.

The Trump administration has argued Title VII does not provide such protections, though LGBTQ rights supporters argue the broadened protections are essential. 

"Whether Title VII of the Civil Rights Act of 1964 bars employers from discriminating on the basis of sexual orientation and/or transgender status has been looming as a major question in the lower courts for the past few years," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.

"Today's grants means not only that the Supreme Court is going to settle the matter, but that its answers are likely going to come right in the middle of the 2020 election season. And although the court had taken significant steps to protect against discrimination on the basis of sexual orientation, that was when Anthony Kennedy was still the court's swing vote."

The Supreme Court will hear two cases which federal appeals courts split over along with a separate case involving a transgender funeral home employee to determine if transgender status is protected in itself or if that falls within the existing law which prohibits "sex stereotyping." 

The cases are expected to be argued in the fall and will be a major test for the newly established conservative majority on the court, especially for Chief Justice John Roberts and Justice Brett Kavanaugh.

-WN.com, Maureen Foody

Photo: AP / J. Scott Applewhite

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