U.S. Supreme Court Bans LGBTQ Discrimination

In a landmark 6-3 ruling, the U.S. Supreme Court has held in Bostock v. Clayton County, Georgia that discrimination on the basis of sexual orientation, and gender identity and expression is covered by Title VII of the federal Civil Rights Act, and is therefore illegal. The summary holding is, “An employer who fires an individual merely for being gay or transgender violates Title VII.”

In plain terms, this decision means an employer may not take an adverse job actions against an LGBTQ worker merely as a result of being a member of this new protected class, which includes at least:

• Hiring
• Compensation
• Promotions
• Benefits
• Employee leave
• Discipline
• Workplace investigations
• Hostile Work Environment claims
• Termination

As employers nationwide absorb the decision, Bostock is certain to affect many aspects of the work place.

We recommend that all employers immediately review their Employee Handbook and other written and unwritten policies and procedures to make certain they comply with the new ruling.

Our attorneys are very familiar with Title VII and all manner of discrimination and harassment issues in the work place and would be happy to discuss any aspect of this groundbreaking decision and how it affects you and your business. You may contact us at 215-887-0200.