House passes Equality Act, but some states head in different direction

The landscape of federal protections for individuals based on sexual orientation and gender identity is continuing to evolve. The U.S. House of Representatives recently passed the Equality Act. At the same time, however, many states are implementing legislation in direct opposition to the federal law's tenets.

How we got here

In June 2020, the U.S. Supreme Court decided in Bostock v. Clayton County that an employer violated Title VII of the Civil Rights Act of 1964 when it discriminated against an applicant or employee because of their sexual orientation or gender identity. Since Bostock, circuit courts have cited the Supreme Court's ruling in both Title VII and Title IX of the Educational Amendments Act of 1972 contexts, creating new precedent on various issues arising under each law.

In January, President Joe Biden began his tenure with an Executive Order (EO) stating "all persons should receive equal treatment under the law, no matter their gender identity." The EO tasked the heads of governmental agencies with not only ensuring all existing regulations, policies, and programs effectively prohibit sex discrimination based on gender identity and sexual orientation but also taking active steps to combat such bias.