On June 15, 2020, in a landmark decision, the U.S. Supreme Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. The decision in Bostock v. Clayton County, Georgia, one of three consolidated cases before the Supreme Court, resolves a circuit split over the scope of Title VII’s protections for homosexual and transgender persons.
Title VII makes it “unlawful … 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.” 42 U.S.C. § 2000e-2(a)(1). In Bostock, the Supreme Court ruled that an employer violates Title VII if it intentionally fires an employee based, in part, on sex, which includes an employee’s sexual orientation and gender identity.
In reaching this conclusion, the Supreme Court reasoned that discrimination on the basis of an individual’s sexuality or gender identity necessarily “requires an employer to intentionally treat individual employees differently because of their sex.” The Supreme Court further stated that an "individual’s homosexuality or transgender status is not relevant to employment decisions … because it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex."
In light of the Supreme Court’s decision, employers should:
- Review and, if necessary, update their policies to specifically prohibit discrimination and harassment based on sexual orientation and gender identity; and
- Train employees, particularly those in management and human resources, that Title VII prohibits discrimination based on sexual orientation and gender identity.
*David R. Vance, an OSBA Certified Specialist in Employment & Labor Law, regularly advises clients on labor and employment matters, including equal employment opportunity policies, employer handbooks, and employment decisions. If you have questions about the Supreme Court’s recent decision, please contact David at drv@zrlaw.com or (216)696-4441.