Should LGBTQ+ People Have Protection from Being Fired for Being LGBTQ+?

2020 PRESIDENTIAL ELECTION SITE

Last updated on: 6/15/2020 8:06:12 AM PST

Three Supreme Court cases heard on Oct. 8, 2019 are referred to by some of the candidates below: Bostock v. Clayton County, GA; Altitude Express, Inc. v. Zarda; and RG & GR Harris Funeral Homes Inc. v. EEOC. The first two concern whether Title VII of the Civil Rights Act of 1964, which provides federal protection against sex discrimination, applies to sexual orientation. In each case, a gay man alleges he was fired due to his sexual orientation.

The third case concerns questions related to whether Title VII's prohibition on sex discrimination includes protection for gender identity, including transgender status. In this case, a transgender woman was fired shortly after she told her employer she intended to transition.

On June 15, 2020, the Supreme Court ruled that federal law protects LGBTQ+ employees from discrimination.

Sources:
Oyez, "Altitude Express v. Zarda," oyez.org (accessed Oct. 15, 2019)
Oyez, "Bostock v. Clayton County," oyez.org (accessed Oct. 15, 2019)
Oyez, "R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission," oyez.org (accessed Oct. 15, 2019)
James A. Paretti, Jr, "Supreme Court to Decide Whether Title VII's Sex Discrimination Protections Cover Sexual Orientation, Gender Identity," littler.com, Apr. 22, 2019
Supreme Court of the United States, "October Term 2019," supremecourt.gov (accessed Oct. 15, 2019)

Pro

Biden

Hawkins

Con

Trump

Not Clear or Not Found

Jorgensen

Pro (Yes)

Pro

Biden
Democrat

"Vice President Biden’s full support for LGBTQ employment protections, and more broadly, LGBTQ equality, has been clear over the years through his vocal support of the Equality Act, early support for marriage equality, hate crimes legislation, the right for our transgender brothers and sisters to serve openly in the military, and more. As a supporter of the Equality Act, Vice President Biden believes that LGBTQ people are entitled to equal protection in the workplace under Title VII. And as an out gay man, myself, I am deeply appreciative of Biden's advocacy and impact over the years."

Source: Kate Sosin and Nico Lang, "SCOTUS Will Rule on LGBTQ Job Discrimination. Here's What the 2020 Candidates Stand," thedailybeast.com, May 3, 2019

[Editor's Note: Jamal Brown, national press secretary for Biden for President, issued this statement via email to The Daily Beast on behalf of Biden.]

Pro

Hawkins
Green

"Yes."

Source: Email from Kevin Zeese with the Hawkins campaign, July 2, 2020

Con (No)

Con

Trump
Republican

"We've taken action to defend the religious conscience of doctors, nurses, teachers, students, preachers, faith groups, and religious employers."

Source: Donald Trump, "Remarks by President Trump at Dinner with Evangelical Leaders," whitehouse.gov, Aug. 27, 2018

[Editor's Note: The above quote references the Trump administration's support for religious organizations being allowed to make employment decisions that are in line with their religious beliefs. We were unable to find a direct statement from President Trump on the issue of firing protections. However, since Trump has been in office, his administration has sought to limit protections for LGBTQ employees, as shown by proposed rules, amicus briefs, and other statements and actions taken by the Department of Labor and Department of Justice.]

Not Clearly Pro or Con

Jorgensen
Libertarian

"Government should not intervene in hiring or firing decisions. However, so long as non-discrimination laws are on the books, all individuals should be treated equally under the law."

Source: Communication from the Jorgensen campaign to ProCon.org on Aug. 26, 2020

[Editor's Note: The Jorgensen campaign self-categorized as "con qual[ified]." The categorization combined with the answer stating the government should not intervene, means ProCon.org must categorize the answer as not clearly pro or con.]

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