In the case Georgia Bostock v. Clayton Cty., 2020 U.S. LEXIS 3252, 28 Fla. L. Weekly Fed. S 294, the Supreme Court of the United States interprets Title VII’s prohibition against employers discriminating “because of … sex” to also prohibit discrimination on the basis of sexual orientation and transgender status.
In this case, employers violated Title VII of the Civil Rights Act of 1964 when they fired a long-time employee shortly after the employee revealed that he or she was homosexual or transgender, because it was impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex. The Court found that just as sex was necessarily a but-for cause when an employer discriminated against homosexual or transgender employees, an employer who discriminated on these grounds inescapably intended to rely on sex in its decision-making.
School districts, private schools, career-technical schools, colleges and universities should consult with legal counsel regarding potential policy implications of this decision.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.