Tomorrow, the Supreme Court will hear oral argument on the question of whether Title VII’s prohibition on sex discrimination includes sexual orientation and gender identity discrimination. LPE Blog is hosting contributions from scholars that detail the history of sex discrimination protections and address how law should redress gender hierarchies and disparities in economic power. Find all the posts in the series here.
Katherine Turk –
LGBTQ workers have never turned solely to the law to define or protect their rights. In years when many feminists and workers of color were narrowing their focus to pursuing individual advancement under antidiscrimination provisions like Title VII, LGBTQ workers articulated a new kind of right: to be fully oneself at work. They argued that sexuality and gender were irrelevant to job performance, as the older “homophile” gay rights movement had claimed. But they also denied that anyone could—or should—shed a piece of their identity at the office, factory, or schoolhouse door. Realizing this right, they argued, required altering the nature of work itself, This was a transformative vision that demanded change beyond the limited jurisdiction of the Supreme Court. However the Supreme Court rules on LGBTQ rights at work, today’s movements for workplace justice should not pin their hopes on the technical adjudication of the antidiscrimination principle. As activists demonstrated in the 1970s, sweeping reforms are possible — even in the absence of legal victories — with creative tactics that pressure employers directly.Continue reading