Carolyn Wheeler Weighs in on Sexual Orientation Discrimination Cases before the Supreme Court

Katz, Marshall & Banks senior counsel Carolyn Wheeler was quoted in the Westlaw article, “SCOTUS mulls extending Title VII protection to gay, transgender workers.”

This past month the Supreme Court heard three potentially landmark cases, each of which examine the parameters of Title VII of the Civil Rights Act of 1964. Together, the three cases – Bostock v. Clayton, Zarda v. Altitude Express, and EEOC v. R.G. & G.R. Harris Funeral Homes – test whether Title VII’s prohibition against employment discrimination “because of … sex” also applies to sexual orientation and gender identity.

Ms. Wheeler commented on the justices’ perceived consideration of separation of powers during arguments: “The focus was on whether recognizing that Title VII would encompass claims of sexual orientation and transgender discrimination would be the type of seismic change that only Congress should make rather than the court.”

Read the full article here.