Anthony Michael Kreis on Title VII and LGBTQ Rights
In this episode, Anthony Michael Kreis, Visiting Assistant Professor of Law at Chicago-Kent College of Law, discusses his article "Dead Hand Vogue," which will be published in the University of Richmond Law Review. Kreis begins by explaining how courts have construed Title VII's prohibition on employment discrimination differently in relation to LGBTQ individuals than other social groups. Specifically, he observes that courts usually look to individual characteristics to determine whether prohibited discrimination has occurred, but only look to membership in the LGBTQ class, as a function of the "legislative dead hand" that did not originally include discrimination on the basis of sexual orientation. He points out that this has led to absurd results, including that mistaken discrimination on the basis of sexual orientation may be prohibited, but accurate discrimination may not. He concludes by reflection on upcoming Supreme Court cases that will address this issue. Kreis is on Twitter at @AnthonyMKreis.