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Article

16 Jun 2020

Author:
Erik Larson & Jeff Green (Bloomberg), via The Washington Post

Concern raised over US Supreme Court LGBTQ+ decision not applying to one in six Americans who work in the smallest companies

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“Supreme Court LGBT decision leaves out 1 in 6 American workers”, 16 June 2020

The U.S. Supreme Court’s landmark decision holding that employers can’t discriminate against workers based on their sexual orientation or gender identity has a glaring loophole: It doesn’t apply to small businesses that employ as many as one in six Americans…, [specifically] companies with fewer than 15 employees. Nor did the decision address…whether LGBTQ people can be refused access to housing or denied services from businesses including restaurants or movie theatres, and whether discrimination is justified by religious beliefs.

The exclusion for smaller companies was “one of several subtleties that got lost in the headlines given the significance of the decision, which is certainly a landmark,” said Jon Nadler…, Philadelphia-based lawyer who represents businesses in employment litigation. Among the Fortune 500…, Monday’s decision will make life easier…because it assures their LGBTQ employees will have the same federal protections no matter where they are hired or transferred…

[However]…, LGBTQ Americans employed by the smallest companies in more conservative states may find themselves out of luck. “There’s always been a special kind of place for small businesses in the legislative process, but I don’t understand how that protective spirit can translate in any way to allowing them to discriminate against employees based on who they love or what gender they identify with”, [Moe Vela, [former]…senior advisor on LGBTQ affairs to former Vice President Joe Biden].