Analysis: Employers Face a Major Shift in Employment Law after Bostock

On June 18, the Supreme Court of the United States ruled that Title VII of the 1964 Civil Right Act makes it unlawful to discriminate against LGBTQ workers in Bostock V. Clayton County, Georgia.  SCOTUS held that an employer may not discriminate against individuals because of their sex and that “the straightforward application of Title VII’s terms” means that “sex” includes different treatment based on one’s homosexuality or transgender status.

It is no surprise that sexual orientation, gender identity and gender expression were given full protection as protected categories under Title VII of the Civil Rights Act of 1964. The surprise was that this court accomplished it. The decision, written by Justice Neil Gorsuch, is based on textualism — the belief that the meaning of the law turns on the words alone and not on the drafters’ intent.