Justice Gorsuch: Person's gay or transgender status 'not relevant to employment decisions'

Title VII of the Civil Rights Act of 1964's ban on employment discrimination "based on sex" applies to discrimination against individuals based on their sexual orientation or gender identity, the U.S. Supreme Court ruled on June 15, 2020. In the surprise 6-3 decision written by conservative Justice Neil Gorsuch, the Court said the federal civil rights law is clear: "An employer who fires an individual merely for being gay or transgender defies the law."

Background

Signed by President Lyndon Johnson, Title VII prohibits employment discrimination based on race, religion, color, national origin, and sex. But what does discrimination on "the basis of sex" really mean?

The Court's ruling was a consolidation of three cases:

• Gerald Bostock, who worked as a child welfare advocate in Georgia for a decade, was fired after he joined a gay softball league.
• Donald Zarda was terminated as a skydiving instructor after he mentioned he is gay.
• Aimee Stephens presented as a male when she was hired by R.G. and G.R. Harris Funeral Homes, but was fired after announcing she had been diagnosed with gender dysphoria and advised to begin living as a woman.

The lower courts hearing the cases disagreed on whether Title VII's prohibition against discrimination based on sex extended to homosexuals or transgender individuals. Thus, the Supreme Court heard the case to provide consistency among the courts.

Homosexuality or transgender status irrelevant