TBA Law Blog


Posted by: Jarod Word on Jun 15, 2020

The U.S. Supreme Court ruled 6 to 3 today that federal anti-discrimination laws protect gay and transgender employees, The Washington Post reports. Conservative justices Neil M. Gorsuch and John G. Roberts Jr. joined justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan in deciding that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “because of sex,” includes LGBTQ employees. Justice Gorsuch wrote: “When an employer fires an employee because she is homosexual or transgender, two causal factors may be in play — both the individual’s sex and something else (the sex to which the individual is attracted or with which the individual identifies). But Title VII doesn’t care. If an employer would not have discharged an employee but for that individual’s sex, the statute’s causation standard is met, and liability may attach.” Read the opinion in Bostock v. Clayton County, Georgia here.