Title VII’s ban on sex bias protects sexual orientation, transgender status

In a landmark 6-3 decision, the U.S. Supreme Court recently ruled the sex discrimination prohibitions in Title VII of the Civil Rights Act of 1964 cover bias based on sexual orientation or transgender status. The opinion was authored by Justice Neil Gorsuch and joined by Chief Justice John Roberts and Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor.

Treated ‘differently because of their sex’

Writing for the majority, Justice Gorsuch stated an employer that makes an adverse employment decision based on an individual’s LGBTQ+ status necessarily relies, at least in part, on the person’s sex. The opinion’s syllabus noted:

Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII.

Relying on past cases in other contexts, the Court found neutral labels and motivations don’t matter if an employment decision is based on an individual’s sexual orientation or transgender status. Moreover, it makes no difference if an employer were to treat LGBTQ+ men and LGBTQ+ women the same. The result is still a decision based on sex.