76 Companies Urge Supreme Court to Support LGBT Workplace Protections

, The National Law Journal


Major U.S. companies and organizations, including tech giants, financial institutions and sports teams, are urging the U.S. Supreme Court to create uniform federal protections for gay, lesbian and transgender employees.

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  • J. Madison

    If, as these amici companies contend in their brief, policies prohibiting sexual-orientation discrimination promote a better bottom line, this skeptic asks the amici why then wouldn‘t they want to keep that hush-hush and just hog up all those super-productive LGBT workers for themselves? Why would they want to share such workers with less enlightened competitors, and why would their stockholders approve of such magnanimous sharing? I‘d also question exactly how, as argued in the brief, a patchwork of state and local regulations around the country puts some companies in a difficult position. If companies are as committed to LGBT equality as these amici claim to be, surely no given state‘s anti-discrimination law and regulations (or lack thereof) would preclude them from being as open-minded and altruistic as they wish to be. No state law bars a company from hiring LGBT workers. So, no, I‘m afraid this amicus brief sounds more like a marketing and PR stunt, designed to mollify LGBT customers and clients, than a serious legal argument. Not that there‘s anything wrong with such mollification, but the SCOTUS‘s time should not be wasted with it. After all, Congress is supposed to make and amend the law? Thus if amici sincerely wish to have the definition of sex discrimination within civil rights law amended, they should direct their persuasive lobbying to the lawmaking branches.

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