Employment Law Alert
Supreme Court Rules that LGBTQ Workers are Protected by Title VII
Yesterday, the United States Supreme Court issued its much-anticipated ruling as to whether Title VII of the Civil Rights Act of 1964 (which makes it illegal for employers to discriminate because of a person’s race, religion, national origin or sex) protects employees from discrimination based on sexual orientation and gender identity. The Supreme Court answered in the affirmative, ruling that Title VII encompasses bias against LGBTQ workers.
In a 6-3 opinion written by Justice Neil Gorsuch, the Supreme Court held that it is illegal for an employer to fire someone because of their sexual orientation or gender identity. The court reasoned that an employer who fires an employee for being gay or transgender violates Title VII because “[s]ex plays a necessary and undisguisable role in the decision.” The Court explained that homosexuality and transgender status are inextricably linked to sex and that discrimination on such bases thus requires an employer to treat an individual differently because of their sex.
The Supreme Court’s decision has broad implications for employers across the country. Currently, less than half of the states in the U.S. prohibit discrimination based on sexual orientation or gender identity. In Ohio, there are no statewide prohibitions against discrimination based on sexual orientation or gender identity other than in the public employment sector.
Federal courts have been split on whether Title VII prohibits discrimination based on sexual orientation and gender identity. With the Supreme Court’s ruling, all employers with 15 or more employees will now be subject to Title VII liability for any adverse employment decisions based on an individual’s LGBTQ status.
Employers should review their policies to ensure coverage of sexual orientation and gender identity as protected characteristics. Employers should also consider engaging their employees with updated anti-discrimination training. Finally, all employers should recognize the potential for allegations of sexual orientation or gender identity discrimination to form the basis of a lawsuit and be prepared to respond to the same.
If you have any questions about the above or if you would like assistance reviewing your anti-discrimination policies, please do not hesitate to contact Bryan Niemeyer, Certified Labor and Employment Law Specialist, FGKS Law, at 937-492-1271 or bniemeyer@fgks-law.com.
