Why companies like Apple and Facebook just weighed in on a gay rights case hitting the Supreme Court

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Although Pride Month came to an end over the weekend, corporate America is still showing its support for LGBT individuals across the country.

On July 2, the Human Rights Campaign (HRC), several civil rights groups, and 203 corporations filed an amicus brief weighing in on a gay rights case hitting the Supreme Court’s next term.

The case could determine whether federal civil rights law bars employers from discriminating against workers based on sexual orientation and gender identity.

These companies include Apple (AAPL), Bank of America (BAC), Facebook (FB), Goldman Sachs (GS), Google (GOOG, GOOGL), JP Morgan (JPM), Microsoft (MSFT), Disney (DIS), and baseball teams like the Tampa Bay Rays and San Francisco Giants. All together, the 203 companies represent 7.4 million employees and over $5 trillion in revenue.

They argue in their brief that Title VII of the Civil Rights Act of 1964 should protect workers from being fired simply for being LGBT.

‘A common interest in equality’

A majority of states have some kind of LGBTQ labor protection laws in place. (Graphic: David Foster/Yahoo Finance)
A majority of states have some kind of LGBTQ labor protection laws in place. (Graphic: David Foster/Yahoo Finance)

“These businesses … share a common interest in equality because they know that ending discrimination in the workplace is good for business, employees, and the U.S. economy as a whole,” the brief stated.

As it stands in the U.S., 21 states, along with D.C., have labor laws that prohibit discrimination based on sexual orientation and gender identity, according to HRC. Wisconsin’s labor laws prohibit discrimination based solely on sexual orientation. Seven states bar discrimination against public employees on the basis of sexual orientation and gender identity, and four states protect public employees based on just sexual orientation. There are 17 states that have no workplace protections in place for LGBTQ employees.

This new filing would not leave it up to the states to decide — instead, it will attempt to force a federal ruling on the matter. Currently, Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, and national origin. U.S. courts of appeal have issued conflicting opinions on whether the “sex” provision applies to sexual orientation and gender identity, prompting the Supreme Court to take up the issue.

‘The business case for protecting LGBTQ people’

HRC and the others arguing for the brief cited economic data as to why LGBT workers’ rights should be protected.

“The U.S. economy is strengthened when all employees are protected from discrimination in the workplace based on sexual orientation or gender identity,” the brief said. “The failure to recognize that Title VII protects LGBT workers would hinder the ability of businesses to compete in all corners of the nation, and would harm the U.S. economy as a whole.”