A Historical Investigation Of The Legal Protection Of Employment Discrimination Against Sexual Minorities In The United States

Discrimination against sexual minorities in American society has a long history.After World War II,in the context of the Cold War prevailing in Mc Teenism,American social conservatism was on the rise.The federal government’s Executive Order No.9835 and Executive Order No.10450 directed the blame at sexual minorities and cleaned up the federal employees of sexual minorities in the federal government.,a serious threat to the employment of employees of sexual minorities.The debate between Hart and De Fulin during the same period focused on the jurisprudence of anti-gay legislation,a law that appealed to a moral "sickness."In the 1960 s,with the rise of the civil rights movement,more and more federal employees of sexual minorities began to fight for their rights,and courts began to accept cases related to discrimination against federal employees of sexual minorities.Based on merit,the court held that an employer cannot fire an employee simply because of his homosexuality.However,colleagues’ disgust towards homosexuality and their refusal to work with LGBTQ groups also affect the efficiency of cooperation between employees.At this time,the court will also find that the employer’s dismissal was based on merit.Therefore,employees who are gay or other sexual minorities must conceal their identities at all times.In 1964,the Civil Rights Act of 1964 was enacted as the basic law protecting minority employment discrimination.But the law does not directly include sexual minorities within the scope of employment protection.The development of gender theory in the second half of the twentieth century,and the success of the homosexual detoxification movement.The Supreme Court’s continued interpretation of the word "sex" in the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964 allows the prohibition of sexbased discrimination to cover "gender stereotypes" Constructed male or female gender discrimination is also a type of sexism.Same-sex sexual harassment can also be interpreted as discrimination based on gender,and men can also be the targets of sexual harassment.In this way,employment discrimination against minorities has partial legal protection.By the end of the twentieth century and the beginning of the twenty-first century,homosexuality was decriminalized,same-sex marriage was legally recognized,and legal protection against employment discrimination against sexual minorities was gradually improved.The U.S.military,the most conservative in American society,also repealed the "don’t ask,don’t tell" policy that discriminated against employees of sexual minorities in the military.The federal government has enacted a series of policies to protect federal employees of sexual minorities and employees of businesses with federal contracts.In 2020,the U.S.Supreme Court passed the decision of Bostock v.Clayton County,which formally included sexual minorities in the scope of protection of employment discrimination in Chapter VII of the Civil Rights Act of 1964,forming a legal framework for sexual minorities.Comprehensive protection from employment discrimination.Sexual minorities in the United States have gone through a process from prohibition of employment,to partial legal protection of employment discrimination,to full legal protection of employment discrimination;among them,the Supreme Court of the United States plays an important role.The development of laws related to anti-employment discrimination of sexual minorities in the United States reflects the development of the American legal system from formal equality to substantive equality.