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On June 15, 2020, the Supreme Court ruled in Bostock v. Clayton County, Georgia that employers can no longer discriminate against employees for being gay or transgender.
Until the Court's decision, lower courts differed as to whether Title VII of the Civil Rights Act of 1964 protected employees from discrimination based on sexual orientation when it prohibited employees because of "sex"."An employer who fired an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids. Those who adopted the Civil Rights Act might not have anticipated their work would lead to this particular result. But the limits of the drafters' imagination supply no reason to ignore the law's demands. Only the written word is the law, and all persons are entitled to its benefit." (emphasis added).
Now, employees who experience discrimination from their employers based on sexual orientation have a clear right to go to the Equal Employment Opportunity Commission and bring claims against their employers under Title VII.
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The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Christopher R. Houk is licensed to practice law in Arizona. © 2020
4645 South Lakeshore Drive
Suite 13
Tempe, AZ 85282
Phone: 480-569-2377
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