Supreme Court Rules in Favor of LGBTQ Employees

Federal anti-discrimination protections now extend to LGBTQ employees, according to a recent Supreme Court ruling. The decision ruled that discrimination against LGBTQ workers is illegal and violates the 1964 Civil Rights Act.

The 6-3 decision was a major win for LGBTQ rights activists, who found themselves in opposition to the Trump administration in the case. What are the implications of the decision for workers?

Federal Law Protects LGBTQ Employees

This new ruling came as a surprise in many legal circles. The current makeup of the Supreme Court leans conservative, but the decision wasn’t close. LGBTQ workers now enjoy federal protection of their rights despite the fact that many states still do not offer such protections.

The ruling says someone can’t be fired or otherwise discriminated against based on their sexual preferences. Justice Neil Gorsuch, a recent Supreme Court appointee, wrote that “the answer is clear” according to the law that employees can’t be fired for being gay or transgender. Justice John Roberts, the chief justice, joined the majority in the case, along with the court’s four liberal-leaning justices.

LGBTQ workers received protections from the Supreme Court at a time when their rights had seemed uncertain. The Trump administration has moved to limit protections in the workplace for transgender employees, arguing that the Civil Rights Act does not bar discrimination based on gender identity. The six justices forming the majority opinion disagreed.

1964 Civil Rights Act

In 1964, Congress passed the Civil Rights Act after years of political infighting. President John F. Kennedy proposed the legislation, which prohibited discrimination based on race, color, religion, sex or national origin. It didn’t become law until Kennedy’s successor, Lyndon B. Johnson, took up the mantle for the act.

Passage came amidst a backdrop of civil rights activism in the 1950s and 60s as Black people and allies challenged discriminatory practices across the South and elsewhere in the United States. Congress had not enacted wide-reaching legislation on civil rights since the Reconstruction, and the passing of other laws, such as the Voting Rights Act of 1965, strengthened the Civil Rights Act.

Back in the ’60s, sexual orientation and gender identity were not on the national radar. The question as LGBTQ rights have become a more significant concern with wider support has been whether the Civil Rights Act could be interpreted to cover other minority groups or if it was meant to have a narrower interpretation. “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Gorsuch wrote.

The court took a stand against discrimination in any form. The decision offers protections not previously enjoyed by LGBTQ workers, giving them a new legal recourse.

Schedule a Free Consultation

Have you been discriminated against in the workplace because of your sexual orientation or gender identity? The sexual orientation discrimination attorneys at Weisberg Cummings, P.C., can help. Schedule a free consultation to discuss your employment rights by calling us at (855) 716-2367 or reaching out online.