In the landmark decision Bostock v. Clayton County, the United States Supreme Court has ruled that federal civil rights laws prohibit an employer from discriminating against an employee on the basis of their sexual orientation and gender identity. The ruling comes after the Court heard a set of cases that required the Justices to resolve whether Title VII of the Civil Rights Act of 1964 applies to gay or transgender employees. The plain language of Title VII bars discrimination on the basis of race, color, religion, national origin and sex.
In each of the cases brought before the Court, an employer fired
an employee as a direct result of their homosexuality or
transgender status. While the Eleventh Circuit held that Title VII
protections do not include sexual orientation, the Second and Sixth
circuits allowed such claims to move forward, prompting the Court
to address the circuit split.
The employers in these cases did not dispute that the relevant
termination decisions were made because of the employee's
sexual orientation or gender identity. Instead, the employers
asserted that intentional discrimination against gay or transgender
employees does not give rise to Title VII liability in an attempt
to draw a distinction between sex and sexual orientation and
identity. The employers did not argue that compliance with Title
VII would infringe upon their religious liberties, and while other
employers may raise this issue for consideration, it was not
addressed by the Court's decision.
The Court held in no uncertain terms that a statutory violation of Title VII occurs where an employer terminates an employee merely for being gay or transgender because the termination decision intentionally relies in part on an employee's sex.
In the 6–3 majority opinion written by Justice Neil M.
Gorsuch, the Court reasoned that Title VII necessarily prohibits an
employer from firing an individual for being gay or transgender
because sex plays a "necessary and undisguisable" role in
the decision. The Court further explained that an employer who
fires an employee because of their sexual orientation or identity
is firing that employee for traits or actions the employer would
not question outside the gay or transgender context.
As a result of this historical decision, employers should be
careful not to make any adverse employment decisions on the basis
of sexual orientation or gender identity. Making employment
decisions on these grounds is now a clear violation of Title
VII.
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