SCOTUS issues landmark LGBTQ civil rights decision under Title VII

The U.S. Supreme Court issued a landmark decision on June 15, holding that Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of “sex,” bars employers from discriminating based on an employee’s sexual orientation or gender identity.

Facts

The Court’s ruling came through a set of three cases that were consolidated for oral argument. In Harris Funeral Homes v. EEOC, an employee was fired shortly after informing her employer of her intent to transition. She filed suit under Title VII, and the U.S. 6th Circuit Court of Appeals ruled in her favor. In Altitude Express, Inc. v. Zarda, a skydiving instructor was fired after telling a patron he was gay. The 2nd Circuit held he wasn’t protected by Title VII. Likewise, in Bostock v. Clayton County, GA, the 11th Circuit ruled Title VII didn’t protect a gay employee who was fired after a colleague made a disparaging remark about the employee’s sexual orientation and participation in a gay softball league.

All three cases turned on the same issue: whether the phrase “sex,” as used in Title VII, includes an individual’s sexual orientation or gender identity. The employers argued “sex” literally refers to status as male or female, as determined by reproductive biology. Conversely, the employees alleged that the definition of “sex”—even in 1964 when Title VII was passed—is broader and encompasses norms regarding sexual orientation and gender identity.

Court’s decision