Title VII: All persons are entitled to its benefit

On June 15, the U.S. Supreme Court issued a landmark opinion that’s a huge win for LGBTQ advocates—and it was well-timed, given that it was right in the middle of Pride Month. The Court ruled that a federal law prohibiting gender discrimination protects workers from discrimination based on sexual orientation and gender identity.

Looking back

By way of background, Title VII of the Civil Rights Act of 1964 makes it unlawful to discriminate against an employee “because of . . . sex.” Courts across the country have disagreed on whether this covers sexual orientation and gender identity, resulting in a patchwork of protection. As of the Supreme Court’s recent ruling, though, that’s no longer the case.

In a trio of cases, the Supreme Court ruled an employer that fires an individual merely for being gay or transgender violates Title VII. The starting point in all three cases was the same: An employer fired a longtime employee shortly after learning the employee is homosexual or transgender—and allegedly for no other reason than the employee’s sexual orientation or gender identity. Despite this commonality, given the split among this country’s courts, the outcomes were different. The Supreme Court has “at last” resolved the divergence among the courts over the scope of Title VII’s protections based on sexual orientation and gender identity.

The Supreme Court’s reasoning boils down to interplay between sex and an employee’s sexual orientation or gender identity, though it acknowledges these are distinct concepts from sex: