Saturday, July 18, 2015

Obama's Gay Agenda Trumps Congress—Employment/ENDA

This week, President Obama's Equal Employment Opportunity Commission (EEOC) discovered groundbreaking new "gay rights" under Title VII of the Civil Rights Act of 1964 by reinterpreting "sex discrimination" provisions to enact a de facto Employment Non-Discrimination Act (ENDA) that Congress, including Democrats, has refused to pass for decades.  Thus, as quickly as activist courts can carry out this Obama precedent, virtually every sexual deviancy will be guaranteed in the workplace, including a cross-dressing man who suddenly shows up in a dress, could not be fired, not even from a Christian school.
President Obama "will have accomplished what more than 40 years of legislative advocacy in Congress could not: full protection of gay men and lesbians from job discrimination throughout the United States."
-- Dale Carpenter, Distinguished University Teaching Professor and Earl R. Larson Professor of Civil Rights & Civil Liberties Law at the University of Minnesota Law School
UPDATE 1/28/16: President Obama's Enforcer Strong-arms Employer into Compliance of Gay Agenda

For background, read how President Obama ordered ENDA unilaterally a year ago with NO religious exemption.

UPDATE 9/29/15 - President Obama Speech: Gay Agenda Trumps Constitution

Click headlines below to read previous articles:

Vice President Biden Says 'Gay Rights' Trump Religious Beliefs

President Obama's OSHA Teams Up with EEOC: Perverts OKd in Employees' Restrooms

President Obama's Eric Holder Creates Law for Transgenders

Also read about President Obama's Sexually Confused White House Appointees

And read how the Gay Agenda attacks Christians one town at a time across America because the homosexualists have been unable to force the Employment Non-Discrimination Act (ENDA) through Congress.

-- From "Discrimination Against LGBT Workers Is Illegal, Commission Rules" by Charlotte Alter, Time Magazine 7/17/15

In a decision dated Thursday, the EEOC said that employers who discriminate against LGBT workers are violating Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination “based on race, color, religion, sex and national origin.”

In the past, courts have ruled that Title VII does not cover discrimination based on sexual orientation because it’s not explicitly mentioned in the law, but the EEOC’s ruling disputes that reasoning. . . .

The Equal Employment Opportunity Commission also argued this week that since courts have consistently ruled that the racial protections of Title VII apply to relationships, the sex protections should apply to relationships as well. Under Title VII, employers can’t discriminate against employees based on the races of their spouses or friends (so, for example, you couldn’t be fired for being in an interracial marriage). The EEOC’s Thursday ruling ensures that the same standard applies to sex as well, which means you can’t be fired based on whom you choose to date or marry.

The Equal Employment Opportunity Commission was created to enforce and implement the 1964 Civil Rights Act. This new interpretation radically expands the scope of those protections.

To read the entire article above, CLICK HERE.

From "Federal sex discrimination laws protect LGBT workers too, says employment commission" by Lydia Wheeler, The Hill 7/17/15

In its opinion, following a 3-2 vote, the EEOC said " 'sexual orientation' as a concept cannot be defined or understood without reference to sex," The Washington Post reported.

The final ruling, which stems from a complaint filed in 2012 by a man who claimed he was denied a job because he is gay, constitutes the EEOC’s official interpretations of Title VII of the Civil Rights Act of 1964, the primary statute governing employment discrimination claims against both public and private employers that will guide future EEOC enforcement of federal nondiscrimination laws.

Freedom for All Americans, the organization pushing for such protections at the state and federal level, said the EEOC’s decision highlights the need for a comprehensive federal law.

“Comprehensive nondiscrimination protections for LGBT people are strongly supported by Americans from all walks of life. We’ll continue working to ensure our laws at the municipal, state and federal level recognize that LGBT Americans deserve to live free from the fear of discrimination."

To read the entire article above, CLICK HERE.

From "Gay Worker Discrimination" by  Claire Zillman, Fortune Magazine 7/17/15

The defenses employers can use to fire workers because of their sexual orientation are slowly crumbling.  Another blow to sexual orientation bias came this week . . .

The [EEOC] commission delivered the decision in the case of a supervisory air traffic control specialist employed by the Federal Aviation Administration in Miami who claimed he was passed over for a permanent position as a front line manager because he is gay. The air traffic control specialist said his supervisor, who was involved in the manager selection process, had made derogatory comments about the complainant’s male partner.

In allowing the complainant’s case to move forward, the five-member EEOC ruled 3-2 that while sexual orientation is not explicitly listed in the Title VII as a prohibited basis for employment decisions, the question is whether an employer relies on sex-based considerations or takes gender into account when hiring, firing, or promoting.

. . . The commission issued a ruling similar to this week’s in 2012 when it determined that gender identity bias is prohibited by Title VII’s ban on sex discrimination. . . .

To read the entire article above, CLICK HERE.

From "U.S. Agency Rules for Gays in Workplace Discrimination" by Noam Scheiber, New York Times 7/17/15

The commission did not widely publicize the ruling, dated Wednesday, but it quickly drew attention among advocacy groups and legal experts. “Discrimination on the basis of sexual orientation is premised on sex-based preferences, assumptions, expectations, stereotypes or norms,” the document stated. “‘Sexual orientation’ as a concept cannot be defined or understood without reference to sex.”

Though the ruling does not formally bind federal courts, the courts frequently defer to federal agencies when they interpret laws that come under their jurisdiction.

“In an area of law where we’re seeing rapid change, courts may well be interested in what the lead anti-discrimination agency has to say,” said Helen Norton, a professor at the University of Colorado Law School. “Courts wrestling with this question don’t have to feel that they’re first. There’s a government agency with expertise in anti-discrimination law that has taken this position.”

Several legal experts said the power of the ruling was that it simplified the legal standard for plaintiffs alleging discrimination.

To read the entire article above, CLICK HERE.

From "EEOC: Federal law bans workplace bias against gays, lesbians, bisexuals" by Curtis Tate, Miami Herald 7/16/15

The ruling partly accomplishes what gay rights groups have sought for years to achieve in Congress, where the federal Employment Nondiscrimination Act has languished for more than two decades. In November 2013, the Senate approved the law with 64 votes, including 10 Republicans.

James Esseks, director of the American Civil Liberties Union’s LGBT project, called the EEOC ruling “a monumental step forward” that would provide protection to millions of Americans.

But Esseks added that courts couldn’t be expected to interpret the ruling consistently and that a comprehensive federal law was still needed.

To read the entire article above, CLICK HERE.

From "Anti-gay discrimination is sex discrimination, says the EEOC" by Dale Carpenter, University of Minnesota Law School (Washington Post) 7/16/15

The Supreme Court may not think bans on gay marriage are sex discrimination, but the Equal Employment Opportunity Commission thinks anti-gay discrimination in the workplace is. The EEOC, in a 3-2 vote, has concluded that Title VII of the 1964 Civil Rights Act forbids sexual orientation discrimination on the job because it’s a form “sex” discrimination, which is explicitly forbidden. The opinion is 17 pages long, although the portion dealing with anti-gay employment discrimination is only pp. 5-14. The opinion follows by three years a decision from the EEOC that discrimination based on gender identity is also sex discrimination. That ruling on transgender employment rights has been broadly accepted by the federal courts.

The EEOC’s view on sexual orientation, however, runs counter to the rulings of several circuit courts. These courts have reasoned that “sexual orientation” is not among the list of prohibited bases for employment action, that Congress did not intend to eliminate anti-gay discrimination when it enacted Title VII, and that Congress has repeatedly refused to add “sexual orientation” to employment protections.

The EEOC calls these earlier circuit court decisions “dated” . . .

To read the entire article above, CLICK HERE.

From "Advocacy Groups React to Federal Ruling on LGBT Employment Protections" by Dave Mistich, West Virginia Public Broadcasting 7/17/15

In regards to Thursday's decision, a similar ruling was handed down in 2012, when the EEOC determined that transgender workers were protected from discrimination.

Jennifer Meinig, executive director of the American Civil Liberties Union of West Virginia, called the ruling groundbreaking but said protections are also needed on the state level. According to Buzzfeed, the commission ruled that gender identity-based discrimination is barred by the sex discrimination ban.

“This is a significant development because protections for gay and transgender people are almost nonexistent in federal law and in 28 states, including West Virginia,” Meinig said.

To read the entire article above, CLICK HERE.

What about employment protections for Christians?  (Click headlines below)

'Gay Marriage' = Christians Lose Jobs in North Carolina

Atlanta Fires Fire Chief for 'Anti-gay' Bible Study

Utah Cop Punished for Refusing Homosexual Celebration Duty

Iowa Christian Newspaper Editor, Fired over Gay Agenda Critique

Homosexualists Force Pro-marriage Internet CEO Resignation

Christian Sports Commentator Fired for Supporting Natural Marriage

D.C. University Suspends Christian for Defending Marriage

California University Fires Scientist for Being Christian

San Antonio Gay Agenda Ordinance Bans Christian Workers