Bostock v. Clayton City: Title VII Protects Persons Who Identify as Homosexual and Transgender

In June 2020, in a 6-3 decision, the Supreme Court of the United States held that Title VII prohibits employers from discriminating against employees for being homosexual or transgender.

In Bostock v. Clayton Cty, 140 S.Ct. 1731 (2020), the Supreme Court addressed the scope of Title VII's protections for homosexual and transgender persons. The court reasoned that when an employer fires an individual for being homosexual or transgender, they are discriminated on the basis of sex, which has always been forbidden by Title VII.

The Court addressed three separate cases where long-time employees were fired shortly after disclosing that he or she is homosexual or transgender.

Gerald Bostock worked for Clayton County, Georgia, as a child welfare advocate. After Mr. Bostock began participating in a gay recreational softball league and disparaging comments about his sexual orientation and participation in the league were made, Mr. Bostock was fired for conduct "unbecoming" a county employee.

Donald Zarda worked for Altitude Express in New York as a skydiving instructor. Upon mentioning that he was gay, Mr. Zarda was fired, days later.

Amiee Stephens worked for R. G. & G. R. Harris Funeral Homes in Michigan. When Ms. Stephens began her job, she presented as male. Two years into her employment, she began treatment for despair and loneliness. Ultimately, Ms. Stephens was diagnosed with gender dysphoria and her clinicians recommended that she begin living as a woman. In her sixth year with the company, she informed her employer that she planned to "live and work full-time as a woman." The Company terminated her employment, reasoning "this is not going to work out."

Under Title VII, when an employer intentionally fires an individual employee based in part on sex, put differently, if changing the employee's sex would have yielded a different choice by the employer, discrimination has occurred.

This case creates a binding rule for all courts to follow when addressing discrimination based sexual orientation under Title VII.