High Court Bars Sexual Orientation, Gender Identity Discrimination

Posted by Kenneth N. Winkler on

In a landmark decision, the United States Supreme Court held that existing federal discrimination laws prohibit discrimination based on sexual orientation and gender identity.

In a historic 6-3 ruling linking a trio of cases, the Court determined that Title VII of the Civil Rights Act, a federal law that prohibits discrimination based on sex, also covers sexual orientation and gender identity.

Justice Neil Gorsuch wrote the opinion and made clear that Title VII prohibits discrimination against an employee for being homosexual or transgender: “Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally treat individual employees differently because of their sex, an employer who intentionally penalizes an employee for being homosexual or transgender also violates Title VII,” the court held.

The High court’s ruling is a watershed victory for LGBT rights and employment civil rights in general.  Click here for  a copy of the Decision.  

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