Our colleague Stuart Gerson of Epstein Becker Green has a new post on SCOTUS Today that will be of interest to our readers: “Reflecting on Bostock.”
The following is an excerpt:
From the number of rainbow flags that I’ve been seeing, it is clear that this is a month of celebration of increasing societal inclusion, notwithstanding the divisions that are challenging the rule of law in America. Indeed, today marks the first anniversary of the Supreme Court’s decision in Bostock v. Clayton County in which, surprising to some, Justice Gorsuch wrote for the majority that an employer that fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964 (“Title VII”). Stating the issue plainly, the Court noted:
“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. 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. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
Click here to read the full post and more on SCOTUS Today.