4 observations for employers in wake of Supreme Court's LGBTQ ruling

Since the civil rights movement of the 1960s, state and federal laws have been enacted prohibiting employment discrimination against individuals on the basis of race, ethnicity, age, disability, religion, and gender. Until recently, very few laws covered discrimination based on sexual orientation or gender identity. As the treatment of individuals based on their sexuality moved to the forefront, that started to change. Several states, including Utah, and certain federal government agencies, including the Equal Employment Opportunity Commission (EEOC), promulgated laws and rules prohibiting discrimination based on sexual orientation or gender identity.

The protections weren't universal, however, until June 15, 2020, when the U.S. Supreme Court ruled Title VII of the Civil Rights Act of 1964 prohibits bias against gay and transgender individuals. The decision will likely have a significant impact on workplaces and the future of antidiscrimination law in the United States.

Federal courts split on issue

Before the Court's ruling, it had been unclear whether the federal employment antidiscrimination statutes covered sexual orientation and gender identity discrimination. None of the federal statutes, including Title VII, clearly prohibited it.