EEOC Trailblazing on LGBT Rights May Stop at High Court

April 24, 2019, 3:04 PM

The Equal Employment Opportunity Commission could be sidelined when the U.S. Supreme Court considers whether federal law protects LGBT workers, despite its leading role in expanding civil rights protections in the workplace.

By law, the EEOC lacks the authority to litigate at the high court, leaving the Justice Department to decide whether the agency can participate. The Justice Department under the Trump administration has taken the opposite view of the EEOC, arguing that Title VII of the 1964 Civil Rights Act doesn’t prohibit workplace bias on the basis of sexual orientation or gender identity.

While the EEOC’s stance on Title ...

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