Today the Supreme Court of the United States (“SCOTUS”) issued a ruling that is, perhaps, the biggest victory for the LGBTQ+ community since Obergefell v. Hodges in 2015. For years, I have had to tell potential clients who believed they were discriminated against at work on the basis of their sexual orientation or gender identity that they did not have a claim under federal law. My heart went out to these individuals, but often there was no law to protect them. That’s because while some states and local laws protected these individuals from employment discrimination, people in many parts of the country could still be fired simply for being LGBTQ+. Not after today, because the SCOTUS has held such employment law discrimination to be prohibited by Title VII of the Civil Rights Act of 1964 in Bostock v. Clayton County.
The majority opinion of the SCOTUS is only 33 pages long. It was written by Justice Gorsuch and joined by Chief Justice Roberts, Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan. The remainder of the 150-plus-page publication consists of the dissenting opinions filed by the other Justices. One might say that’s because love is simple and easy to understand, while justification for non-love requires extensive explanation. But that’s my opinion.
Constitutional scholars are sure to offer their opinions on the ruling in short order, but from my perspective, this decision is way overdue and a welcome change. Nobody should be denied a promotion, be harassed, or even get fired for their sexual orientation or identity. Employment decisions should be based on legitimate factors like performance. Period.
My team and I stand ready to help members of the LGBTQ+ community pursue their rights under the law.
Happy LGBTQ+ Pride Month, everybody!!