Supreme Court Rules that Employers are Prohibited from Discriminating Against Employees Due to Sexual Orientation or Gender Identity

United States Supreme Court: Employers Prohibition of Discriminating Against Employees Due to Sexual Orientation or Gender Identity

On June 15, 2020, the Supreme Court of the United States ruled that the protections of Title VII of the Civil Rights Act of 1964 (“Title VII”) cover individuals who are discriminated against because of their sexual orientation or gender identity. The Court took on three separate cases where an individual was terminated after disclosing that he or she was homosexual or transgender. Although the plaintiffs in all three lawsuits alleged that they were unlawfully discriminated against because of their sex in violation of Title VII, they received different results from the federal appellate courts.

The Eleventh Circuit case involved Gerald Bostock who was a distinguished employee for a child welfare services agency in Georgia for over ten years. After Mr. Bostock started participating in a gay recreational softball league, he was terminated for conduct “unbecoming” of a county employee. The Eleventh Circuit dismissed Mr. Bostock’s claim ruling that Title VII does not prohibit an employer from discharging an employee on the basis of sexual orientation.

The Second Circuit case involved Donald Zarda who worked as a skydiving instructor for Altitude Express in New York. Soon after Mr. Zarda mentioned to a female client that he was gay, the company fired him. The Second Circuit ruled in favor of Mr. Zarda, holding that Title VII prohibits an employer from firing an employee because of his sexual orientation.

Finally, the Sixth Circuit case involved Aimee Stephens, a funeral director employed by R.G. & G.R. Harris Funeral Homes in Michigan. When Ms. Stephens was hired, she presented as a man. However, she later informed her employer that she wanted to live and work as a woman and was subsequently fired as a result. The Sixth Circuit held that Title VII prohibits an employer from firing an employee based on his status as transgender.

Seeking to resolve the split between the lower courts, the Supreme Court took on all three cases to determine once and for all whether Title VII’s prohibition against discrimination on the basis of sex included discrimination on the basis of sexual orientation or gender identity. In its opinion, the Court firmly acknowledged that “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.” The Court’s ruling makes clear that an employer who intentionally fires an employee at least partly because of the employee’s sexual orientation or gender identity violates Title VII.

Prior to this landmark holding, twenty-five states and three territories in the United States did not have laws that expressly prohibited employment discrimination based on sexual orientation or gender identity. Due to the Court’s decision, individuals in all states and territories now have legal protection against workplace discrimination that is based on sexual orientation or gender identity and may now bring charges against their employers.

If you believe you have been the victim of sexual orientation or gender discrimination in the form of any adverse employment action or hostile work environment, contact the New York Employment Lawyers Borrelli & Associates, P.L.L.C. to schedule a free consultation.