I’m sure many people are surprised at the decision from the Supreme Court that federal employment discrimination law protects gay and transgender employees. Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “because of sex.”
Even if Congress did not have discrimination based on sexual orientation or transgender status in mind when it enacted the Civil Rights Act over a half century ago, the Supreme Court ruled that Title VII’s ban on discrimination protects gay, lesbian and transgender employees.
If you’ve been involved in discrimination training as part of your compliance program, you know that fewer than half of the states currently ban employment discrimination based on gender identity or sexual orientation. The Supreme Court decision is is a major victory for LGBT employees.
The decision is particularity remarkable given that President Trump has been able to appoint two justices during his term, giving the court what is usually a more conservative tilt, and seeming less likely to expand the interpretation of civil rights laws. President Trump’s first pick to the high court, Neil M. Gorsuch, is responsible for writing decision. I’m sure he’s quit surprised that his pick has written the most impactful ruling for gay rights since same-sex marriage was codified as a constitutional right in 2015.
