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Breaking Barriers: How the 2020 Decision on Transgender Workers Sets a Precedent for Workplace Discrimination

In Citizen
January 14, 2025

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A significant legal ruling made in 2020 established an important precedent in protecting the rights of transgender workers.

The Supreme Court has made a significant ruling on transgender rights in the case of Bostock v. Clayton County, which stands as their only major decision on

In 2020, a significant court decision established that a key civil rights law safeguards gay and transgender individuals from being discriminated against in the workplace.

Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated in a 6-3 ruling that it is against the law for an employer to fire someone simply for being gay or transgender. Chief Justice John G. Roberts Jr. and four members of the court’s liberal wing also agreed with this decision.

The ruling, which consisted of a majority opinion and two dissents, was spread out over 168 pages. President Donald J. Trump stated to reporters that he acknowledged and accepted the decision. He mentioned that although some people may have been surprised, he respects the ruling and will abide by it. Trump also noted that he found the decision to be very impactful.

The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, a law that prohibits discrimination in employment based on race, religion, national origin, and sex. Their main focus was to determine if the protection against discrimination based on sex also extended to gay and transgender employees, impacting millions of workers.

Justice Gorsuch stated that it was indeed the case

The writer stated that when an employer dismisses someone for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that would not have been an issue if they were a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was incredibly bold and without any evidence to support it. He pointed out that there is no proof that any member of Congress understood the law in that way when it was passed in 1964.

The law that was passed made it illegal to discriminate against employees based on their gender. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad and sets up a way of analyzing cases rather than strict rules. Justice Alito mentioned in 2020 that the court’s decision in this case could have a significant impact on future constitutional cases.

Adam Liptak is responsible for reporting on news related to the Supreme Court and also writes a regular column called Sidebar that focuses on legal updates. He attended Yale Law School and worked as a lawyer for 14 years before transitioning to a career at The New York Times in 2002. Learn more about Adam Liptak.

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