Supreme Court Rules That Federal Law Prohibits Employment Discrimination Against Gay and Transgender People

June 16, 2020

In a landmark decision, the United States Supreme Court ruled on Monday that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against persons who are gay and/or transgender. Justice Neil Gorsuch (Trump's first appointee) delivered the majority opinion, Bostock v. Clayton County, Georgia. (Chief Justice Roberts joined the 6-3 majority, leaving dissenting Justices Alito, Thomas, and Kavanaugh in the minority.)

Title VII makes it unlawful for an employer "to fail or refuse to hire or to discharge an individual, or otherwise discriminate against any individual with respect to [their] compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin." The Court reasoned that employment decisions which are made because of an individual's sexual orientation or gender identity are necessarily based on sex, which Title VII prohibits. As the Court observed, "An individual's homosexuality or transgender status is not relevant to employment decisions. That's because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual because of sex."

Although 21 states, including Massachusetts, already prohibit employment discrimination based on sexual orientation and gender identity, the majority of states have not yet recognized this protection. For this reason, the Supreme Court's decision will have a significant impact on protecting the rights of gay and transgender individuals in those states.

Stay tuned for future alerts on these developing issues. For assistance preparing your workplace to resume operations, contact Margaret H. Paget or Allyson Kurker at Kurker Paget LLC.