Title VII and LGBTQ Discrimination: Supreme Court Preview


At noon on Tuesday, September 10, 2019, at the Madison Club, Attorney Joseph Diedrich will preview two highly anticipated LGBTQ employment discrimination cases pending before the U.S. Supreme Court, both of which are set for oral argument on October 8.

The first case (itself a consolidation of two cases, Bostock v. Clayton County and Zarda v. Altitude Express) asks whether Title VII of the Civil Rights Act, which prohibits employment discrimination “because of sex,” also covers discrimination based on sexual orientation. The second case (R.G. & G.R. Harris Funeral Homes v. EEOC) asks whether Title VII also covers employment discrimination based on an individual’s status as transgender. Attorney Diedrich authored an amicus curiae brief in the cases on behalf of 10 Wisconsin-based advocacy organizations. He will discuss the arguments advanced by both the employees and the employers in the respective cases and offer an analysis of potential outcomes.

Joe is an appellate litigator at Husch Blackwell in Madison, focusing on constitutional and statutory challenges to government action at the local, state, and federal levels. He serves as a board member of the Appellate Practice Section of the State Bar of Wisconsin and as a member of the editorial board of Wisconsin Lawyer magazine. A frequent legal writer, he recently received the State Bar’s Hon. Charles Dunn Author Award for his article “Transgender Rights in Wisconsin.” Joe graduated from the University of Wisconsin Law School, summa cum laude, Order of the Coif and received his bachelor of music degree from the University of Wisconsin. He stays involved in the Madison musical community as a board member of the Wisconsin Chamber Orchestra.