Gay, lesbian, and bisexual workers already have employment discrimination protections under federal law, the EEOC just ruled.
After decades of fighting for protections against discrimination in the workplace, gay, lesbian, and bisexual employees are actually covered under federal law already, the EEOC has ruled this afternoon.Â The Equal Employment Opportunity Commission finds GLB workers are protected under Title VII ofÂ the Civil Rights Act of 1964.
The EEOC finds today that “allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex,” as Buzzfeed‘sÂ Chris GeidnerÂ first reported.
Today’s ruling is historic, and sets an important precedent that no doubt will lead to a Supreme Court case in the future.
Technically, the ruling covers federal workers directly, but, as Geidner notes, “it also applies to the entire EEOC, which includes its offices across the nation that take and investigate claims of discrimination in private employment. And, while only the Supreme Court could issue a definitive ruling on the interpretation, EEOC decisions are given significant deference by federal courts.”
In short, the commission today has ruled that discrimination based on sexual orientation is discrimination based on sex, and thus covered under federal law.
In today’s ruling, the EEOC states that “allegations of discrimination on the basis of sexual orientation state a claim of discrimination on the basis of sex. We further conclude that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex.”
Late last year, the U.S.Department of Justice also announced that it viewed transgender employees are covered under the federalÂ Civil Rights Act of 1964.
Chris Johnson at the Washington BladeÂ cautions,Â “the ruling affects only employment law. The EEOC doesnâ€™t have authority to determine whether gender provisions in housing and education law also cover sexual orientation discrimination.”
An upcoming LGBT non-discrimination comprehensive bill that Rep. David Cicilline (D-R.I.) and Sen. Jeff Merkley (D-Ore.) are set to introduce in Congress should explicitly prohibit sexual orientation and gender identity discrimination in these areas in addition to employment, public accommodations, federal programs and credit.
“We applaud the EEOC’s historic determination that sexual orientation is inherently a sex-based consideration, and we encourage all gay men, lesbians and bisexual Americans who face harassment or discrimination on the job to consult an attorney and file Title VII sex discrimination claims with the EEOC,” Tico Almeida of the LGBT organization Freedom to Work, told NCRM via an email statement today.
“It’s time for LGBT advocates to retire the incorrect talking point that gay Americans can get married atÂ NoonÂ and fired atÂ 2:00 pmÂ without legal recourse.”
Almeida is urging the LGBT movement to “take this historic EEOC decision and run with it by turning to the federal courts to win workplace protections across all fifty states,” and suggests the Supreme Court will be more responsive than the U.S. House of Representatives.
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‘We’re Not There Yet’: House Republican Hasn’t Seen Any Evidence to ‘Get Anywhere Near Impeachment’
Rep. Mike Lawler (R-NY) hasn’t seen anything worthy of impeachment dredged up by the House Republican investigations of President Joe Biden and his family.
The New York Republican, who recently ripped his GOP colleagues as a “clown show” over their failure to produce a government spending agreement, told MSNBC’s “Morning Joe” that he’s dubious of the impeachment inquiry launched by House speaker Kevin McCarthy (R-CA) and suggested the process was being undertaken as revenge for Donald Trump’s two impeachments.
“Look, these investigations obviously started earlier this year in Oversight and Judiciary [and] they are continuing,” Lawler said. “As I have said repeatedly, we are not there yet with impeachment. There is a very high bar. It should not be political, it should not be tit-for-tat, and the facts and the evidence will determine what, if any steps are taken after this.”
At the end of the day, you know, a lot of this is semantics – it’s a continuation of the investigation,” the congressman added. “The ultimate question is whether or not the facts or evidence would bear out that Joe Biden somehow financially benefited from his son’s deals with Russian oligarchs, Ukrainian oligarchs, Iranian business folks and the Chinese. If that’s the case, the facts and evidence will show that, and if not, I don’t see how you get anywhere near impeachment.”
White House Mocks GOP With ‘Worst Person You Know’ Meme After Matt Gaetz Blames McCarthy for Shutdown
In a rare move the Biden White House on Wednesday mocked House Republicans with a popular internet meme to highlight remarks made by U.S. Rep. Matt Gaetz that show how the Florida Republican is blaming the impending, likely shutdown of the federal government on Speaker Kevin McCarthy. Congressman Gaetz specifically says “We cannot blame Joe Biden” and “We cannot blame House Democrats” for it.
Gaetz, who did not vote to hand McCarthy the gavel back in January, for weeks has increasingly been targeting the House Speaker. Last week he threatened he would get McCarthy removed as Speaker, going as far as to say he was “out of compliance.” On Tuesday a reporter found a resolution with links to Gaetz declaring the Office of the Speaker “vacant” on a baby changing table in a House restroom.
Fox News’ Liz Elkind reported on Gaetz’s comments via social media, “MATT GAETZ pins shutdown on McCarthy: ‘We will have a government shutdown and it is absolutely Speaker McCarthy’s fault. We cannot blame Joe Biden for not having moved our individual spending bills. We cannot blame House Democrats. We can’t even blame Chuck Schumer in the Senate.”
The White House reposted them, and the “worst person” meme, known as the “Heartbreaking: The Worst Person You Know Just Made A Great Point.” The meme was published in 2018 by Clickhole. a satirical website.
The federal government will shut down in 10 days if Speaker McCarthy cannot pass legislation to keep the government funded after September 30. That legislation will need to be acceptable to the Senate, and President Joe Biden. House Republicans, intent on stripping funding for Ukraine, defunding Special Counsel Jack Smith’s investigations, along with the Dept. of Justice and FBI, are digging in their heels amid “chaos” and “infighting.” Some have called it a GOP “civil war.”
See the White House’s post below or at this link.
— The White House (@WhiteHouse) September 20, 2023
‘Brazen and Misguided’: Schumer Decimates Tuberville’s ‘Act of Desperation’ – and Threatens to Hold Senators in DC
Democratic Senate Majority Leader Chuck Schumer took strong action on Wednesday, slamming U.S. Senator Tommy Tuberville, vowing to get several officers in the U.S. Armed Forces confirmed to top posts, and threatening that if the Georgia Republican lawmaker who has blockaded well over 300 military promotions does not release his holds he will hold Senators in D.C. over the weekend.
“In an act of desperation, Sen. Tuberville is trying to use a procedural step to overcome his own holds,” Majority Leader Schumer wrote on social media Wednesday afternoon, before delivering a floor speech. “You read it right. His own holds.”
“He is trying to make himself the gatekeeper of which officers are promoted or languish,” Schumer added. “We can’t allow this to continue. We’re taking action.”
On the floor of the Senate he added: “We cannot allow Senator Tuberville to decide which of our dedicated and brave service members get promoted and which get to languish. Which military families are able to settle in their new posts, and which must remain in limbo. We cannot we should not allow that to be the case.”
“So I have just filed cloture on the Chairman of the Joint Chiefs of Staff, the Commandant of the Marine Corps, and the Army Chief of Staff. These men should have already been confirmed. They should already be serving in their new positions,” Schumer said. “The Senate should not have to go through procedural hoops just to please one brazen and misguided senator.”
“But this is where we are. In the end, the Senate will overwhelmingly vote to overcome Senator Tuberville’s blockade of these three nominees by voting for cloture then the Senate will overwhelmingly vote to confirm them,” he vowed. “And these three honorable men will finally be able to assume their positions and the abortion policy that Senator Tuberville abhors will remain in place. Senator Tuberville will have accomplished nothing.”
It is rare for a Senate Leader to target one member of the body, and even more rare to do so by name, but Senator Tuberville’s blockade, which he began in February, has harmed military readiness, according to multiple top Pentagon officials and former officials.
Tuberville has said he has blocked at least 319 military promotions, which require Senate confirmation, in response to the Pentagon’s policy of reimbursing service members who need to travel out of state to obtain abortion health care services. Many GOP-majority states have imposed abortion bans, forcing out-of travel.
But Schumer’s reference to “gatekeeper,” and later, in his floor speech saying, “which of our dedicated and brave service members get promoted,” may also refer to Tuberville’s unprecedented personal attacks on individual officers awaiting promotion.
Last month the Georgia freshman Republican Senator targeted over 20 individual U.S. Military officers, promoting an attack on their remarks supporting diversity and equity programs, or even, in one case, blasting one officer for their “celebration” of the late U.S. Supreme Court Justice Ruth Bader Ginsburg.
Tuberville, who denied holding up hundreds of promotions is having a damaging effect on the military and morale, also has said he is blocking these promotions because the Biden administration is “woke.”
Recently, Tuberville told Bloomberg News each military officer’s promotion takes two hours of voting by the Senate, which could take them up individually despite his block. Tuberville falsely said voting on all the promotions would take “no time at all” to complete.
Watch Majority Leader Schumer below or at this link.
Majority Leader Schumer (D) says the Senate will vote on stalled military promotions individually:
“The Senate will overwhelmingly vote to confirm them … and the abortion policy that Sen. Tuberville abhors will remain in place. Sen. Tuberville will have accomplished nothing.” pic.twitter.com/zBxzcJrGkZ
— The Recount (@therecount) September 20, 2023
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