Supreme Court Extends Civil Rights Protections to LGBTQ Workers in Landmark Decision

Supreme Court Extends Civil Rights Protections to LGBTQ Workers in Landmark Decision

By Patrick J. Cosgrove and Lisa M.Grandner. Title VII of the Civil Rights Act of 1964 (“Title VII”) is one of the primary federal statutes prohibiting employment discrimination. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, and other protected class characteristics. See, 42 U.S.C. § 2000e-2. Under Title VII, it is unlawful for an employer to “fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin”. See, 42 U.S.C. § 2000e-2(a)(1). On June 15, 2020, the United States Supreme Court issued a landmark decision extending civil rights protections to LGBTQ individuals. As held by the Court: 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. Bostock v. Clayton County, Georgia, — US — (2020). The majority’s decision was written by Justice Neil M. Gorsuch, and addressed three (3) separate decisions from Eleventh, Second and Sixth Circuit Court of Appeals. Each decision involved the same question: does Title VII’s prohibition of discrimination because of sex also prohibit discrimination against gay and transgender workers? On June 15, 2020, the Supreme Court answered that central question, and held that LGBTQ individuals are entitled to Title VII protections. What does this mean...