Supreme Court to Hear Landmark LGBTQ Cases

On Monday April 22, 2019, the Supreme Court of the United States has agreed to hear three cases which seek rulings on whether sexual orientation, transgender status, and transitioning status are protected under Title VII of the Civil Rights Act after years of courts and government agencies taking conflicting positions on this landmark issue. The Supreme Court will likely issue decisions on these hot button cases in 2020 at the beginning of the next presidential election race. Title VII makes it unlawful for an employer to discriminate against any individual “because of” the individual’s sex. While it is understood that the phrase “because of sex” includes gender stereotyping, the law remains in flux as to whether discrimination “because of sex” includes discrimination based on sexual orientation, transgender status, and transitioning status. Numerous courts and federal government agencies have taken opposing stances on this issue. For example, the Department of Justice (“DOJ”) has filed an amicus brief arguing that discrimination based on sexual orientation is not encompassed as discrimination “because of sex” under Title VII. The DOJ’s brief directly conflicts with the Equal Employment Opportunity Commission’s (“EEOC”) stance, as articulated in an amicus brief, which contends that sexual orientation falls squarely [read more]

On the Basis of Personality: How Harvard’s Admissions Policy Hurts Asian Americans and the Future of Affirmative Action

If being surrounded by diverse peers allows students to learn early on to purge themselves of implicit biases and avoid stereotyping their peers based on race or ethnicity, then the need for such race-based policies in college admissions is clear. Affirmative action’s goal of ensuring the advancement of minorities inherently includes the goal of removing biases against them in the professional world. This goal is especially relevant to Asian Americans, who are less likely than both African Americans and Hispanics to be promoted into management roles in the workforce. The value of a “diverse” education is diminished if affirmative action policies fail to reduce the false notion of Asian Americans inherently lacking leadership skills. More pressingly, affirmative action policies will fail Asian American graduates if they are not allowed in the classroom in the first place. [read more]