In a 6-3 decision, the Supreme Court of the United States has ruled that firing someone because of their sexual orientation or gender identity violates Title VII of the Civil Rights Act of 1964. That act barred an employer from refusing to hire, firing, or discriminating against an individual “because of such individual’s race, color, religion, sex, or national origin.”
varied wildly–for example Wisconsin, which banned firing someone on the basis of their sexuality, but not gender orientation . The ruling finds that LGBTQ workplace discrimination is a violation of federal law. The ruling is both a nice thing for Pride month and about damn time.
The court considered the cases of multiple plaintiffs: Gerald Bostock, who was fired from his job as an official in a Clayton County, Georgia, juvenile court after he joined a gay softball team; Donald Zarda, whom Altitude Express fired after he mentioned being gay; and Aimee Stephens, who presented as male when hired by R. G. & G. R. Harris Funeral Home, but was fired when she told her employer that she would “live and work full-time as a woman.”Justice Neil M.
An employer violates Title VII when it intentionally fires an individual employee based in part on sex. It makes no difference if other factors besides the plaintiff’s sex contributed to the decision or that the employer treated women as a group the same when compared to men as a group. A statutory violation occurs if an employer intentionally relies in part on an individual employee’s sex when deciding to discharge the employee.
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