May 6th Tip of the Week
May 6, 2024 3:32 pm“Where Have All the Non-Competes Gone?“ On January 12, the Federal Trade Commission issued a proposed rule on Non-Compete... Read More
“Where Have All the Non-Competes Gone?“ On January 12, the Federal Trade Commission issued a proposed rule on Non-Compete... Read More
“What Constitutes Harm for Purposes of Title VII?” The United States Supreme Court just lowered the standard of proof required... Read More
By now, you’ve likely heard about the landmark Supreme Court ruling issued last week in Bostock v. Clayton County, Georgia. Bostock is a consolidation of three cases involving employees who were fired either for being gay or transgender. In a 6-3 opinion written by Justice Neil Gorsuch, the Court stated that “it is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.” Of course, discrimination on the basis of sex is specifically prohibited by Title VII of the Civil Rights Act of 1964.
This is an issue raised in the R.G. & G.R. Harris Funeral Homes v. EEOC case, for which the Supreme Court will hear arguments next month. In this case, the Equal Employment Opportunity Commission (EEOC) sued a Detroit area funeral home chain because the owner fired an employee due to disclosing her intent to transition from male to female. The lower court ruled in favor of the funeral home, but the Sixth Circuit Court of Appeals reversed the decision, arguing that transgender discrimination is a form of sex discrimination prohibited by Title VII. The Supreme Court agreed to review the decision.