Transgender Rights At Risk

On Friday, the Trump administration made the unusual request of asking the Supreme Court to rule on whether transgender individuals should be allowed in the military.  This  request would side step legal procedure as several federal appeals courts are still reviewing the issue.  Usually, the Supreme Court does not review matters until there is an disagreement between appeals courts – which is the case in several hot button items currently up for consideration.

Current discrimination cases where requests for review have been made include whether sex discrimination under Title VII extends to an includes protections against sexual orientation discrimination.  Additionally, representatives of a transgender woman have asked to Court to make a determination whether she can sue for transgender workplace discrimination.

The Trump administration is asserting that prompt action is necessary in order to ensure the questions are heard before the term ends in June.  Supreme Court rules provide that it will only hear a trial court ruling without an appellate decision only where “the case is of such imperative public importance as to justify deviation from normal appellate practice and to require immediate determination in this court.”  However, trial judge rulings do not support this, finding rather “There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effective on the military at all,” Judge Colleen Kollar-Kotelly, of the Federal District Court in Washington wrote in an opinion last year.

As Atlanta employment lawyers fighting against all forms of work-place discrimination, we will be watching and reporting on all Supreme Court development that affect our clients.

For more information, please contact the experienced Georgia employment attorneys at Buckley Bala Wilson Mew LLP for an immediate case evaluation.