On June 15, 2020, the Supreme Court of the United States handed down a landmark opinion for the LGBTQ community and civil rights, holding employees are protected from discrimination based on sexual orientation or transgender status under Title VII of the Civil Rights Act of 1964 (“Title VII”). Bostock v. Clayton County, Georgia (17–1618, June 15, 2020).
The Court’s 6-3 opinion likely represents the biggest development in LGBTQ rights since the Court legalized same-sex marriage nationwide in 2015. Two conservative justices—Neil Gorsuch, a 2017 Trump appointee who wrote the opinion, and Chief Justice John Roberts—joined the Court’s four liberal justices in the decision. Justices Brett Kavanaugh and Samuel Alito dissented, with Justice Clarence Thomas joining Justice Alito’s dissent.
As the primary piece of federal antidiscrimination legislation, Title VII bars employers from discriminating against employees on the basis of sex, race, religion, color, or national origin. The Court’s opinion combined and considered three separate cases before it, all of which involved employees who alleged they had been terminated based on employee’s sexual orientation or transgender status.
The specific question for the Court was whether an employer can terminate an employee simply for being homosexual or transgender and focused primarily on the definition of “sex” under Title VII.
By finding that it is impossible to discriminate on the basis of homosexuality or transgender status without impermissibly discriminating because of sex, the Court stated “[t]he answer is clear. An employer who fires 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.” Therefore, “[b]y discriminating against homosexuals, the employer intentionally penalizes men for being attracted to men and women for being attracted to women. By discriminating against transgender persons, the employer unavoidably discriminates against persons with one sex identified at birth and another today.”
The Court noted that its opinion pertains solely to discrimination issues under Title VII. The Court expressly left open whether similar protections are afforded under Title IX of the Education Amendments of 1972 regarding access to bathrooms/locker rooms based on gender identity, as well as protections afforded under the First Amendment concerning religious beliefs and the refusal to provide services to certain individuals due to their sexual orientation or gender identity.
While the case will have profound impact in jurisdictions governed only by Title VII discrimination law, in California, the Fair Employment and Housing Act has prohibited discrimination and harassment against employees based on sexual orientation since 2000, and gender identity and gender expression since 2011. On July 1, 2017, the Fair Employment & Housing Council amended FEHA regulations to protect transgender status. As a result of this decision, employers may see an uptick of lawsuits and EEOC complaints in jurisdictions where sexual orientation and transgender status were not already protected by law.
If you have any questions about how this opinion affects your business, please contact the author or your routine counsel at Atkinson, Andelson, Loya, Ruud & Romo.
This AALRR presentation is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR presentation/publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.
© 2020 Atkinson, Andelson, Loya, Ruud & Romo
- Partner
Jonathan Judge heads the Private Labor and Employment Group’s Advice and Counsel Team of attorneys. He represents clients, large and small, in employment advice and counsel matters including wage and hour, leaves of absence, and ...
Other AALRR Blogs
Recent Posts
- California’s Minimum Wage to Increase to $16.50 Per Hour January 1, 2025
- New San Diego County Fair Chance Ordinance Restricts Employers’ Use of Criminal History
- New Los Angeles County Fair Chance Ordinance Restricts Employers’ Use of Criminal History
- Legislation Impacting California Employee Handbook Policies for 2025
- Update on the California Health Care Minimum Wage
- Resources for California Employers to Track and Confirm Their State and Local Minimum Wage Requirements
- 11 Local Minimum Wage Ordinances Poised to Increase on July 1, 2024
- Fast Food Restaurants -- Be Prepared for a DIR Audit
- U.S. Supreme Court Lowers Bar for Proving Discrimination Claims
- Governor Signs Urgency Legislation Exempting Certain Restaurants from New Fast Food Minimum Wage
Popular Categories
- (54)
- (156)
- (39)
- (25)
- (7)
- (42)
- (36)
- (23)
- (15)
- (15)
- (6)
- (7)
- (6)
- (6)
- (9)
- (6)
- (4)
- (2)
- (3)
- (2)
- (2)
- (2)
- (2)
- (3)
- (3)
- (1)
- (1)
- (2)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
- (1)
Contributors
- Cindy Strom Arellano
- Sarkis A. Atoyan
- Eddy R. Beltran
- William M. Betley
- Brigham M. Cheney
- Michele L. Collender
- Kevin R. Dale
- Scott K. Dauscher
- Alexandria M. Davidson
- William A. Diedrich
- Paul S. Fleck
- Lauren S. Gafa
- L. Brent Garrett
- Evan J. Gautier
- Carol A. Gefis
- Jennifer S. Grock
- Jonathan Judge
- David Kang
- Nate J. Kowalski
- Joshua N. Lange
- Catherine M. Lee
- Thomas A. Lenz
- David M. Lester
- Martin S. Li
- Jorge J. Luna
- Brian D. Martin
- Ronald W. Novotny
- Michael J. O'Connor, Jr.
- Aaron V. O'Donnell
- Shawn M. Ogle
- Sharon J. Ormond
- Nora Pasin
- Joseph E. Pelochino
- Chesley D. Quaide
- Todd M. Robbins
- Irma Rodríguez Moisa
- Saba Salamatian
- Casandra P. Secord
- Jon M. Setoguchi
- Ann K. Smith
- Amber M. Solano
- Susana P. Solano
- Susan M. Steward
- April Szabo
- Jay G. Trinnaman
- Jonathan S. Vick
- Robert L. Wenzel
- Brian M. Wheeler
- Glen A. Williams
Archives
2024
2023
2022
- November 2022
- October 2022
- September 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
2020
- December 2020
- October 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- January 2020
2019
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
2018
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- March 2018
- February 2018
- January 2018
2017
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- June 2017
- May 2017
- March 2017
- February 2017
2016
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
2015
- December 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- February 2014
- January 2014
2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
2011
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011