OMAHA- The U.S. Supreme Court passed down a decision that bans workplace discrimination based on sexual orientation or gender identity, giving LGBT Nebraskans another civil rights win. This will also include protections while selling and renting housing. It not only protects a person's biological sex but also their gender identity. The Court has yet to affirm the protections in housing cases federally, however the definition of sex discrimination should not be different in housing and a person's workplace.
Nebraska is the first state since the Court's decision to extend the same legal rights to housing, but experts say it should create a snowball effect. Before the Court's groundbreaking decision, Nebraska was one of only 25 states that had not enacted protections for LGBT people in the workplace. So, to see how fast acting the state was in reacting to the Supreme Court's decision is a great step forward. The Legislature voted 28-8 in favor of the anti-discrimination law.
A few months ago, a Supreme Court decision held up Title VII which bars workplace discrimination. The court ruled that discrimination against LGBT individuals was already prohibited. However, it showed that housing rights were not protected within that scope. Housing is covered in Title VIII, but uses very similar language to Title VII. Nebraska's laws mirror both of these federal protections.
Nebraska Attorney General Doug Peterson filed a brief that encouraged state justices to show that sex discrimination does not extend to gender identity. He declined to comment on this position.
The issue becomes even more blurred when it comes to all public accommodations, but Nebraska's law covers that issue better than federal law does. Experts believe Nebraska is in solid ground with its legal interpretations.
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