Title VII protects gay and transgender workers, high court rules

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against individuals for being gay or transgender, the U.S. Supreme Court decided in a landmark ruling on June 15. In the 6-3 opinion written by Justice Neil Gorsuch, the Court reasoned discrimination based on homosexuality or transgender status constitutes sex discrimination under Title VII because "homosexuality and transgender status are inextricably bound up with sex." The ruling resolves a split of authority among the lower courts and affects employers with 15 or more employees, which are covered by Title VII.

'Intentionally discriminate . . . in part because of sex'

Rather than dispute they had fired the employees for being either gay or transgender, the employers in the three cases consolidated by the Court argued Title VII doesn't bar discrimination on the basis of homosexuality or transgender status. The Court rejected the arguments, concluding that "for an employer to discriminate against employees for being homosexual or transgender, the employer must intentionally discriminate against individual men and women in part because of sex." According to the Court, such discrimination "has always been prohibited by Title VII's plain terms" and "should be the end of the analysis."