- June 23, 2020
- Alerts
United States Supreme Court Rules Title VII Prevents Discrimination Against Employees Because of Sexual Orientation or Gender Identity
On June 15, 2020, the United States Supreme Court ruled, in a 6-3 decision, that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation and/or gender identity.
The decision, Bostock v. Clayton County, decided three United States Court of Appeals cases involving the Second, Sixth, and Eleventh Circuits. While the Second Circuit Court of Appeals, based in New York, had previously ruled that Title VII protected employees based on their sexual orientation and gender identity, the other Courts of Appeals had not. The Supreme Court’s decision resolved the issue for the entire country.
It is unlawful under Title VII “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.” In writing for the majority, Justice Gorsuch focused on the plain language of Title VII in holding that an employer violates Title VII when it intentionally fires an individual based in part on their sex stating that “[B]ecause discrimination based 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 penalized an employee for being homosexual or transgender also violates Title VII.”
The Bostock decision is one of the more significant employment law decisions issued by the Supreme Court, and comes at a time of intense political and social activity in the United States. While providing much needed clarity to an issue that state and federal courts have been grappling with for years, it now means many employers will need to update their personnel/employment policies and employee training programs. Employers, especially ones with offices and/or locations in multiple states, will also want to ensure staff with supervisory and/or managerial responsibilities are aware of this important judicial decision and the potential legal and financial consequences that can arise for non-compliance with Title VII.
The full decision is available at the following link: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
The decision, Bostock v. Clayton County, decided three United States Court of Appeals cases involving the Second, Sixth, and Eleventh Circuits. While the Second Circuit Court of Appeals, based in New York, had previously ruled that Title VII protected employees based on their sexual orientation and gender identity, the other Courts of Appeals had not. The Supreme Court’s decision resolved the issue for the entire country.
It is unlawful under Title VII “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.” In writing for the majority, Justice Gorsuch focused on the plain language of Title VII in holding that an employer violates Title VII when it intentionally fires an individual based in part on their sex stating that “[B]ecause discrimination based 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 penalized an employee for being homosexual or transgender also violates Title VII.”
The Bostock decision is one of the more significant employment law decisions issued by the Supreme Court, and comes at a time of intense political and social activity in the United States. While providing much needed clarity to an issue that state and federal courts have been grappling with for years, it now means many employers will need to update their personnel/employment policies and employee training programs. Employers, especially ones with offices and/or locations in multiple states, will also want to ensure staff with supervisory and/or managerial responsibilities are aware of this important judicial decision and the potential legal and financial consequences that can arise for non-compliance with Title VII.
The full decision is available at the following link: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
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Should you have any questions regarding the above, please contact the Garfunkel Wild attorney with whom you regularly work, or contact us at info@garfunkelwild.com.