Supreme Court Recognizes Discrimination Protection for Gay and Transgender Employees

In June, the United States Supreme Court recognized that Title VII of the Civil Rights Act of 1964 grants protection against gay and transgender discrimination. Employees now have legal recourse if they are terminated simply for actually being or being perceived as gay or transgender. This ruling applies to all employers in California who fall under the criteria for Title VII and provides workers with additional protection against discrimination. If you or someone you know has been terminated from their job because of their sexual orientation or gender identity, talk to an experienced California employment law attorney today. 

Bostock v. Clayton County

In this case, Bostock was an employee of Clayton County within the Atlanta metropolitan area, where he worked as an official for the juvenile court system. In 2013, Bostock joined a gay softball league and promoted it at work for volunteerism. Later that year, the county performed an audit and fired Bostock for conduct unbecoming of a county employee. It is also important to note that Georgia is one of the few states without any type of protection for LGBT+ employees at the state level. Bostock sued, claiming that the audit was a pretext to fire him for his sexual orientation, and upon dismissal at the district level in federal court, he appealed his case to the Eleventh Circuit. It upheld the dismissal and Bostock appealed to the Supreme Court.

Supreme Court Ruling

Bostock’s case was consolidated at the Supreme Court level with others involving questions of discrimination protection for sexual orientation and gender identity. The Court held in their majority opinion that Title VII did extend protections to cover sexual orientation and gender identity. They found that these protections were included under the basis of sex in the Civil Rights Act, and that it applied both to groups of employees as well as individuals. This means that individuals can sue under Title VII on the basis of sex discrimination even if the employer’s general employment policy is not discriminatory.

Application to California Employers

Title VII applies to many employers in California, and as such provides protection against discrimination for those employers’ workers. Discrimination protection under Title VII is applicable to any employer in California who has 15 or more employees. If an employer falls under Title VII, employees are protected against discrimination based on their actual or perceived inclusion of a particular race, color, national origin, religion, sex, or pregnancy status. Under the Bostock case, sex now includes sexual orientation and gender identity. Violations of Title VII can result in compensatory and punitive damages for an employee who is discriminated against, including back pay, reinstatement, and retroactive seniority regardless of whether the discrimination was intentional or of disparate impact. 

Talk to a California Employment Law Attorney

Have you or someone you know working in California suffered discrimination at work because of your sexual orientation or gender identity? If so, you may have a claim for discrimination under Title VII. To learn more, call or contact an experienced employment law attorney today.