最高法院裁决保护LGBT工人权利|2020-06-15 |工程新闻记录

Sweeping Supreme Court Ruling Protects LGBTQ Workers' Rights

Hundreds of engineers, architects, contractors and other construction employees marched with industry LGBTQ+ groups Build Out Alliance and Qu-AKE during the World Pride march in New York City in June 2019.

PHOTO COURTESY OF BUILD OUT ALLIANCE

2020年6月15日

汤姆·艾奇诺夫斯基and斯科特·布莱尔

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在LGBTQ工人的重大胜利中，美国最高法院发布了一项广泛的裁决，指出，由于其性取向或跨性别者而解雇的雇主违反了《 1964年民权法》第七章，涉及涉及就业歧视的雇主。[查看法院的意见here.]

LGBTQ倡导者，包括工程和建筑领域的倡导者，称赞了6-3的决定，于6月15日下降了。但他们还表示需要进一步进展。

For example, they note that a majority of states do not have laws on their books that protect LGBTQ workers from workplace discrimination because of their sexual orientation. They say they will continue to push for federal legislation to codify LGBTQ workplace protections.

高等法院的s ruling combined three cases, including two in which plaintiffs said they were fired for stating that they were gay. In the third case, the plaintiff, who worked for a Michigan funeral home, was dismissed for presenting as transgender.

两项联邦上诉法院发布了允许原告案件进行的裁决，但第三次裁定雇主。

尼尔·戈苏奇（Neil Gorsuch）法官为多数派写作，“在第七章中，国会采用了广泛的语言，这使得雇主在决定解雇该雇员时依靠雇员的性行为是非法的。”

Gorsuch added, “We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law. “

The decision's scope is viewed as applying across the board.

Sam Schwartz-Fenwick, an attorney who leads law firm Seyfarth's LGBT affinity group, said in a statement, “With this ruling…the anti-discrimination mandate of Title VII now protects LGBT individuals throughout the country.

建筑，工程评论

Some advocates foresee an impact in engineering and construction. Guillermo Díaz-Fañas, president of Queer Advocacy & Knowledge Exchange, New York City, said via email that the Supreme Court’s ruling “is certainly a step forward…for the protection of LGBT in the country, especially for those of us working in the construction industry."

Díaz-Fañas, who also is a senior technical principal with WSP USA, added, “The fight for equality, however, is far from over.”

He said that even with the issuance of the court's decision, “negative attitudes and prejudices towards LGBTQIA+ employees persist nonetheless in our field.” He said, “The construction industry is changing slowly, but surely.”

位于费城的建筑，工程和建筑公司的核心州内部顾问Dredeir Roberts表示，法院的裁决可以鼓励工人之间进行更多的公开对话。

Roberts says, “This ruling could probably allow people to feel a bit safer in their employment status and to pull down those walls of insecurity to allow for a more efficient and productive workplace.”She adds, “But then you have to make sure the company culture is correct.”

Brian Turmail, a spokesman for the Associated General Contractors of America, said in an email sent in early evening on June 15, "We're working through the ruling, but our initial sense is that contractors will be able to comply, since they already must meet similar anti-discrimination measures that have been in place snce the 1960s."

Specifically, Turmail cites a presidential executive order, originally signed by President Lyndon Johnson in 1965 and amended since then. It states that federal contractors must not discriminate in their hiring on the basis of—among other factors—race, religion, sex, sexual orientation and gender identity

相关的建筑商和承包商在一封电子邮件声明中说：“多样性和包容性是ABC的基本原则，我们正在仔细审查该决定，以了解其对ABC承包社区的影响，并帮助利益相关者确保所有人欢迎所有人建立美国。“

Looking ahead

国家LGBT商会联合创始人贾斯汀·尼尔森（Justin Nelson）和机会米切尔（Chance Mitchell）表示，LGBT倡导者将继续竞选联邦立法以编纂保护。

特别是,他们point to the Equality Act, which would bar discrimination based on sex, sexual orientation and gender identity. The House, controlled by Democrats, passed the bill in May 2019 but the measure has yet to move in the Republican-controlled Senate.

另一个重点是州立法。根据倡导组织人权运动的说法，22 states and the District of Columbia have laws in place that prohibit employment discrimination based on sexual orientation and gender identity.

Laurent Drogin, a partner with New York City-based law firm Tarter Krinsky and Drogin, said in a statement that with the Supreme Court’s ruling, “The federal laws will be taking a step forward, but continue to trail far behind state and local laws.”

For example, Drogin cites New York State and New York City human rights statutes that he says provide broader remedies than federal laws do in some respects.

特朗普的反应

特朗普总统的提名人戈尔奇（Gorsuch）撰写的多数意见使一些观察家感到惊讶。

Asked by a reporter about the new ruling, Trump said, according to a press pool report, “I’ve read the decision and some people were surprised but they’ve ruled and we live with their decision.” He added that it was a “very powerful decision actually.”

汤姆·艾奇诺夫斯基has been writing about the federal government as ENR’s Washington Bureau Chief since the George H.W. Bush administration, and he has covered at least five major highway bills. A recognized expert on government policy on infrastructure and regulation, Tom is also a Baltimore native and Orioles fan who grew up rooting for Brooks and Frank Robinson. He is a graduate of Columbia College and Columbia’s graduate school of journalism, where he once used “unrelentless” in a headline.

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