Tag Archive: Transgender Discrimination

Supreme Court Rules That Title VII of the Civil Rights Act of 1964 Prohibits Employment Discrimination Against Gay and Transgender Individuals

June 24, 2020 4:09 pm Published by

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.

Does “Transgender Discrimination” Equal “Sex Discrimination” Under Title VII?

September 9, 2019 1:02 pm Published by

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.