The Supreme Court has ruled in Bostock v. Clayton County, Georgia that Title VII of the Civil Rights Act of 1964 protects lesbian, gay, bisexual, and transgender (LGBT) individuals from being discriminated against in employment. The 6-3 opinion consolidates three cases from the Second, Sixth, and Eleventh Circuits, each of which involved individuals fired from their jobs because of either their sexual orientation or gender identity. Each case called the question: Is discrimination because of sexual orientation or gender identity a type of prohibited discrimination “because of sex” under Title VII?
Tag: Discrimination Defense
In the last six months, the scope of federal protection against discrimination on the basis of sexual orientation (and gender identity) has been a hot topic in the courts and Trump administration. During the Obama administration, federal agencies and the Department of Justice argued in favor of such protection. The Trump administration is taking the opposite approach, and yesterday the Department of Justice filed an amicus brief in the Second Circuit explicitly arguing that Title VII does not prohibit sexual orientation discrimination. The courts are divided. In the spring of 2017, the Seventh Circuit ruled that sexual orientation discrimination is sex discrimination under Title VII, while the Eleventh Circuit rejected that view. The Second Circuit is weighing the issue, and in the meantime, what's an employer to do?
The groundswell of legal activity surrounding whether websites are covered under Title III of the Americans with Disabilities Act (ADA) is likely to increase following a recent verdict in the U.S. District Court for the Southern District of Florida.
In what could be labeled a landmark decision, a federal circuit court extended Price Waterhouse v. Hopkins to hold that, as a matter of law in every case, a claim of sexual orientation discrimination is a claim of sex discrimination under Title VII.