The U.S. Supreme Court held in Bostock v. Clayton County, Georgia, 590 U.S. ___ (US 2020) that Title VII’s prohibition against discrimination on the basis of sex also bars discrimination on the basis of sexual orientation and gender identity. The court’s opinion relies on the text of the statute, rejecting arguments from employers regarding the failure to specifically include gender identity or sexual orientation in the statute. The Supreme Court’s decision in Bostock is historic—it expands the protections of Title VII to sexual orientation and gender identity, protections previously denied. The court’s ruling requires employers to update and modernize their policies and procedures, hiring practices, training and workplace culture.

In Bostock, the Supreme Court considered three separate matters: Bostock, on appeal from the U.S. Court of Appeals for the Eleventh Circuit; Zalda v. Altitude Express, on appeal from the Second Circuit; Equal Employment Opportunity Commission v. R.G. & G.R. Harris Funeral Homes, on appeal from the Sixth Circuit. The plaintiff in Bostock was terminated after 10 years of employment when he began participating in a gay recreational softball league. The plaintiff in Zalda was terminated days after revealing to his employer that he was gay. The plaintiff in EEOC v. R.G. & G.R. Harris Funeral Homes presented as a male at the beginning of her employment, but was terminated after six years of employment when she notified her employer that upon returning from a scheduled vacation, she intended to “live and work full-time as a woman.” In all three cases, the employers conceded that the reason for termination was the employee’s sexual orientation or gender identity.

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