Archives for June 2020

Supreme Court Declares Federal Law Protects LGBTQ Workers from Discrimination

Today, in a 6-3 decision authored by Justice Neil Gorsuch, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act protects gay, lesbian and transgender workers.  The landmark ruling will extend protections to millions of workers nationwide and represents an unequivocal rejection of the argument that Title VII that bars discrimination based on sex did not extend to claims of gender identity and sexual orientation.

The practical impact of this decision should be limited as many organizations have already adopted policies and practices banning discrimination on the basis of sexual orientation and gender identity.  However, to the extent your organization has not done so, it is prudent to update your EEO and anti-harassment/retaliation policies to expressly state that these polices extend to LGBTQ workers.  This should also be made explicit in your EEO training materials.