Supreme Court Rules LGBTQ Employees Are Protected By Federal Law Forbidding Discrimination

Jun 15, 2020

By: Myrna Maysonet, Esq. and Amy Pitsch, Esq.

The U.S. Supreme Court today in Bostock v. Clayton County, Georgia, ruled in a 6-3 opinion that homosexual and transgender employees are covered by Title VII of the Civil Rights Act of 1964 and employers who fire or take an adverse action against an employee because the employee is gay or transgender violate Title VII. This ruling involves three cases in which the Supreme Court evaluated whether the term “sex” in Title VII was meant to protect employees from discrimination from sexual orientation or gender identity.

In reaching this decision, Justice Gorsuch writing for the majority, opined:

…Ours is a society of written laws. Judges are not free to overlook the plain statutory commands on the strength of nothing more than suppositions about intentions or guesswork about expectations. In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. We do not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law.

Today’s decision brings finality to the split among Circuits regarding this matter and provides needed assurance for the millions of gays and lesbians fearful of losing their livelihood simply because they were living in a state where it was legal for an employer to fire them because of their sexual orientation or gender identity.

In light of this crucial decision, it is imperative that all organizations revise their policies, procedures and training to reflect the Court’s latest Title VII ruling. Our team of Labor & Employment attorneys at Greenspoon Marder are available to assist. Please contact info@gmlaw.com for more information.

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