Dozens of amicus briefs have been filed with the U.S. Supreme Court and are now available from the SCOTUSblog case page in R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC. At issue is whether Title VII of the 1964 Civil Rightts Act prohibits discrimination against transgender people based on their transgender status or on a "sex stereotyping" theory. The 6th Circuit held that discrimination on the basis of transgender status violates Title VII. (See prior posting.) the Supreme Court will hear oral arguments in the case on Oct. 8.
Similarly, numerous amicus briefs are available in Bostock v. Clayton County, Georgia, (consolidated with Altitude Express, Inc. v. Zarda) which will also be argued on Oct. 8. These cases raise the question of whether Title VII prohibits sexual orientation discrimination. The 2nd Circuit in Altitude Express held that Title VII does cover such discrimination. (See prior posting.) In the Clayton County case, the 11th Circuit held that Title VII does not ban sexual orientation discrimination.
