Title VII prohibits LGBTQ discrimination, Supreme Court rules

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against employees because of race, color, national origin, religion, and sex. On June 15, 2020, the U.S. Supreme Court issued its long-awaited decision in a trio of cases that tested the question of whether Title VII’s existing ban on discrimination “because of . . . sex” includes bias because an employee is gay or transgender. A six-justice majority of the Court ruled an employer indeed violates the law when it impermissibly considers an employee’s LGBTQ status in making employment decisions.

Court consolidates 3 cases

In the three cases at issue, the Court heard similar fact patterns, representing a split among the federal appellate courts. In the title case, a gay male long-time county employee alleged he was terminated for conduct “unbecoming” of a county worker shortly after he joined a gay recreational softball league. In the case, the U.S. 11th Circuit Court of Appeals (which covers Georgia, Florida, and Alabama) ruled Title VII’s prohibition against discrimination based on sex did not include sexual orientation discrimination. Bostock v. Clayton County, Georgia.