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Amicus Briefs

Harris Funeral Homes v. EEOC

CASE SUMMARY

This case addressed what Title VII of the Civil Rights Act of 1964 means by prohibiting employment discrimination “because … of sex.” Specifically, the Supreme Court answered whether that language encompasses discrimination because of sexual orientation, gender identity, and/or transgender status. However the Court decided to interpret the phrase, it was crucial that the Court clarify how much deference—if any—is owed to the EEOC’s interpretations of Title VII. This issue arose because the EEOC does not have rulemaking authority to fill (perceived) gaps in the statute. It only has the authority to issue procedural rules. As NCLA’s brief explained, judicial deference to EEOC guidance or enforcement decisions thus wrongfully empowers the agency to create binding substantive rules, evade bicameralism and presentment, and violate the Due Process Clause.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

Supreme Court Decision on the Merits

June 15, 2020 | Read More

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of the Employers

August 22, 2019 | Read More

PRESS RELEASES

NCLA Asks Supreme Court to Renounce ‘Great Deference’ to EEOC Interpretations

August 22, 2019

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