Opinion / Christopher Cermak
Tipping the scales
It seems strange to me that this week’s US Supreme Court ruling on LGBTQ rights – in which the country’s top justices declared that workplace discrimination on the basis of sexual orientation is illegal – was unexpected by so many. More surprising is that, in 2020, a ruling on overt discrimination would even be required. So it was all the more refreshing that such a landmark result was not a split decision among the court’s nine justices but rather a six-to-three ruling; two Republican-appointed justices voted in favour and the opinion itself was written by Neil Gorsuch, a Trump appointee to the court.
If the past few weeks of global protest have taught us anything, it’s that one of the problems our society faces today is implicit bias and systemic – rather than overt – discrimination. The fact is that, in many Western societies, most laws that directly discriminate against people on race, gender or sexual orientation have, thankfully, been done away with. What is left are laws that discriminate indirectly. For example, Gorsuch backed Trump’s travel ban against mostly Muslim-majority countries in 2018 because it didn’t overtly target religion. There are also unconscious biases that many of us can harbour without even realising.
Implicit bias and less overt forms of discrimination can’t as easily appear before the Supreme Court. While it’s laudable that a company can no longer declare that it is firing (or not hiring) someone over race, gender or sexual orientation, that doesn’t mean that such decisions aren’t made with other explanations given. So let’s celebrate this week’s ruling – and then get back to the far harder job of confronting the discrimination that exists between the lines.