A majority of justices ruled that an employer violates federal law when they fire someone for being gay or transgender.
WASHINGTON — The Supreme Court on Monday issued its most sweeping decision ever to protect LGBTQ people from discrimination, finding that a federal ban on sex discrimination in workplaces also protects employees on the basis of sexual orientation and gender identity.
The ACLU, which argued on behalf of the LGBTQ workers who sued after being fired, released a statement calling on Congress to update other federal civil rights laws that prohibit sex-based discrimination to make clear that they, too, apply to LGBTQ individuals. Title VII states that it's unlawful for employers to refuse to hire someone, to fire a worker, or to otherwise discriminate based on"race, color, religion, sex, or national origin.
"Any way you slice it, the employer intentionally refuses to hire applicants in part because of the affected individuals’ sex, even if it never learns any applicant’s sex," Gorsuch wrote. Kavanaugh, who asked just one question during arguments last fall, wrote a separate dissenting opinion that argued the majority's decision"usurps the role of Congress." He wrote that LGBTQ Americans could"take pride" in Monday's decision and praised their"extraordinary vision, tenacity, and grit," but disagreed with Gorsuch's analysis.
Bostock’s case was consolidated with a lawsuit filed by Donald Zarda, who sued his employer, Altitude Express, alleging the skydiving company terminated him for his sexual orientation in violation of Title VII. Withfrom the Equal Employment Opportunity Commission, a federal agency that handles civil rights disputes, Zarda prevailed at the 2nd Circuit Court of Appeals.
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