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Scary times as Trump Supreme Court tackles abortion restrictions and anti-LGBTQ job discrimination

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Almost exactly a year after Brett Kavanaugh’s lies succeeded at getting him onto the Supreme Court, his first chance to limit abortion rights is in his grasp. The court announced Friday it would take a case on Louisiana’s abortion restrictions, restrictions that are very similar to Texas provisions the court struck down in 2016. That’s not the only bombshell the Trump court could be dropping soon—next week the court will hear a set of cases on employment discrimination against LGBTQ people.

Louisiana, as Texas previously did, wants to require abortion providers to have admitting privileges at a nearby hospital—a significant burden to providers since some hospitals will not give them admitting privileges at all, while also being of basically no benefit to patients since hospital admission after abortion is vanishingly rare and can be accomplished without the provider having admitting privileges. The most conservative appeals court in the U.S. upheld that law, but the Supreme Court put it on hold while considering whether to hear the case. Which it will now do, with a decision expected in 2020.

Even before that case comes up, though, the court will hear a set of cases involving people who were fired for being gay or transgender. Those cases involve Title VII of the Civil Rights Act of 1964, which prohibits job discrimination “because of sex.” The Equal Employment Opportunity Commission decided in 2015 that it would be discrimination because of sex to treat a woman in a relationship with a woman differently than a woman in a relationship with a man, and judges in two of the cases before the court next week have found similarly, with one writing “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination” and another that it’s “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.” But we are talking about the Trump Supreme Court here, so … it’s hard to be optimistic about anything, ever.

This article was originally published at Daily Kos on October 4, 2019. Reprinted with permission.

About the Author: Laura Clawson is a Daily Kos contributor at Daily Kos editor since December 2006. Full-time staff since 2011, currently assistant managing editor.

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9 Reasons LGBTQ Workers Need Federal Protections

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Currently, there’s no federal law that protects LGBTQ people from discrimination at work. But this April, the Supreme Court agreed to hear three cases involving people who claim they were fired for being LGBTQ. Arguments are set to begin during the fall of this year, and decisions will likely be made next summer. The Court will decide whether Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, religion, sex and national origin, also includes gender identity and sexual orientation. If the plaintiffs win their cases, it could become illegal in all states to fire someone for identifying as LGBTQ.

But LGBTQ-identifying individuals who aren’t fired for their sexual orientation or gender identity may still face other types of discrimination at work. These nine statistics show just how far we still have to go to make workplaces accepting and supportive for LGBTQ folks.

  • 46% – LGBTQ people who were closeted at work in the U.S. in 2018
  • 22% – LGBTQ people who had experienced discrimination in pay or in consideration for a promotion
  • 20% – LGBTQ people who had felt pressured by coworkers to dress more feminine or masculine
  • 53% – LGBTQ people who had heard jokes about lesbian or gay people on the job
  • 10% – LGBTQ people who had left a job because the workplace was not accepting of them
  • 32% – LGBTQ people of color who had experienced discrimination when applying for jobs as of 2017
  • 73 – Countries that protect workers from discrimination based on sexual orientation (the U.S. is not among them)
  • 26 – U.S. states that allow private employers to fire someone based on sexual orientation or gender identity
  • 3 – States that explicitly ban local governments from passing nondiscrimination provisions: Arkansas, Tennessee and North Carolina

This article was originally published at In These Times on August 13, 2019. Reprinted with permission.

About the Author: Alex Schwartz is a 2019 editorial intern for In These Times.

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Arizona Legislature Votes to Legalize Discrimination. Urge Governor to Veto

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Image: Mike HallLast week in Arizona, the tea party-dominated legislature passed a bill that will allow businesses to slam their doors shut on anyone they say doing business with would violate their religious beliefs. While the bill was aimed primarily at the LGBTQ community, in effect, it could allow business owners to discriminate against anyone.

Gov. Jan Brewer (R) has until Friday to sign or veto the bill. Call 888-968-2464 and urge Brewer to veto the bill.

When the bill passed, Anna Tovar, the state Senate Democratic minority leader, said:

With the express consent of Republicans in this Legislature, many Arizonans will find themselves members of a separate and unequal class under this law because of their sexual orientation. This bill may also open the door to discriminate based on race, familial status, religion, sex, national origin, age or disability.

Sate Rep. Chad Campbell (D) told CNN Friday:

Let there be no doubt about what this bill does. It’s going to allow people to discriminate against the gay community in Arizona. It goes after unprotected classes of people and we all know that the biggest unprotected class of people in the state is the LBGT community. If we were having this conversation in regard to African Americans or women, there would be outrage across the country right now.

Aside from the outrageousness of virtually legalizing discrimination, if signed into law, the bill is likely to have a serious negative economic impact on the state. Arizona AFL-CIO Secretary-Treasurer Rebekah Friend says it “could prompt an economic backlash against the state, similar to what occurred when the state passed the controversial immigration law, Senate Bill 1070, in 2010.”

It’s estimated those boycotts cost the state tens of millions of dollars in lost tax revenue and hundreds of millions in spending that would have gone to local businesses.

U.S. Sens. John McCain (R) and Jeff Flake (R) of Arizona have urged Brewer to veto the bill, and a large part of the business community has lined up against the bill. In a letter to Brewer urging her to veto the legislation, the Greater Phoenix Economic Council said:

The legislation will likely have profound, negative effects on our business community for years to come….The legislation places businesses currently in Arizona, as well as those looking to locate here, in potentially damaging risk of litigation, and costly, needless legal disputes.

It also warned Brewer that four unidentified companies have vowed to locate elsewhere if the legislation is signed.

Other businesses have spoken out against the measure. In Tucson, Anthony Rocco DiGrazia, owner ofRocco’s Little Chicago Pizzeria, posted a sign (see above) that reads, “We Reserve the Right to Refuse Service to Arizona Legislators.” He told The Huffington Post:

I just want to serve dinner and own and work in a place I’m proud of. Opening the door to government-sanctioned discrimination, regardless of why, is a huge step in the wrong direction.

Shannon Austin Zouzoulas, co-owner of a brewery and winery call Arizona Hops & Vines, called the bill “pro-hate” and posted the picture below of a rainbow liquid swirling in a wine glass on their Facebook pageFriday with the caption:

Arizona Hops and Vines Loves ALL our customers!

Apparently some other Arizona businesses hate certain types of their customers and will be able to discriminate against them if Brewer signs the bill into law.  Call 888-968-2464 and urge her to veto the bill.

This article was originally printed on AFL-CIO on February 24, 2014.  Reprinted with permission.

About the Author: Mike Hall is a former West Virginia newspaper reporter, staff writer for the United Mine Workers Journaland managing editor of the Seafarers Log.  He came to the AFL- CIO in 1989 and has written for several federation publications, focusing on legislation and politics, especially grassroots mobilization and workplace safety.


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