Today the Supreme Court of the United States held that it is illegal for an employer to discriminate against someone because of their sexual orientation or gender identity. In its landmark decision in
Bostock v. Clayton County, Georgia
the Supreme Court interpreted Title VII of the Civil Rights Act of 1964 to include protections for those of the LGBTQ community in the workplace. Justice Gorsuch delivered the opinion of the Court which was split 6-3.
The Supreme Court’s decision settles more than a decade-long split among federal circuit courts, EEOC guidance, and Department of Justice guidance from the Obama and Trump Administrations. Employers should make sure that applicable employee policies and statements are updated to ensure any employee complaints related to homosexuality and gender identity are handled appropriately and with Title VII protections in mind.
As many employers know, Title VII makes it “unlawful . . . for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual . . . because of such individual’s race, color, religion, sex, or national origin.” 42 U. S. C. §2000e–2(a)(1). However, until the
Bostock
decision, employers and employees were left questioning whether the word “sex” included sexual orientation and gender identity.
In its decision the Court stated that “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
The Court reiterated that statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee. Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII.
