U.S. Supreme Court Expands Title VII Protections to Include Sexual Orientation and Gender Identity

On Monday, in a landmark ruling, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits employers from terminating an employee for being gay or transgender. Writing for the 6-3 majority in an opinion consolidating three cases, Justice Gorsuch based the Court’s holding on a textual interpretation of Title VII’s prohibition of sex discrimination. Justice Gorsuch noted that there is no question that Title VII prohibits discrimination on the basis of sex, and an employer who fires an individual for being gay or transgender fires that person for “traits or actions it would not have questioned in members of a different sex.” As such, Gorsuch continued, discriminating against an individual because they are gay or transgender constitutes discrimination on the basis of sex, and consequently violates Title VII.

Many states and cities, including New York State and New York City, already explicitly prohibit employment discrimination on the basis of gender identity, gender expression, and sexual orientation. The Court’s ruling, however, is notable in clearly expanding federal protection against employment discrimination to gay and transgender individuals, particularly in states where such protections do not currently exist.

If you have any questions about the Court’s ruling or its impact on your policies, procedures, and training programs, please contact Amanda M. Baker at abaker@fglawllc.com, or any attorney at the firm.

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