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Breaking Barriers: The 2020 Supreme Court Decision Protecting Transgender Workers Sets a Precedent for Equality in the Workplace

In Citizen
January 14, 2025

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A significant legal ruling in 2020 set a precedent in favor of protecting the rights of transgender workers.

There has been only one significant ruling by the Supreme Court regarding the rights of transgender individuals, which is the case of Bostock v. Clayton County.

The decision made in 2020 stated that a significant civil rights law safeguards gay and transgender employees from discrimination in the workplace.

Justice Neil M. Gorsuch, who was appointed by President Donald J. Trump, stated that it is illegal for an employer to terminate someone’s employment based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and four liberal justices also agreed with this ruling, resulting in a 6-3 decision.

The majority opinion and two dissents of the ruling were spread out over 168 pages. President Donald J. Trump told reporters that he agreed with the ruling, mentioning that he had read it and was not surprised by the outcome. He described the ruling as a strong one.

The justices had to determine the interpretation of a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in employment based on race, religion, national origin, and sex. Specifically, they needed to decide if this law also protects gay and transgender workers from discrimination based on their sexual orientation or gender identity.

Justice Gorsuch stated that it was the case.

The writer stated that an employer who terminates an employee for being homosexual or transgender is essentially terminating them for qualities 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 arrogant. He also mentioned that there is no evidence to support the claim that any member of Congress understood the statutory text in that way when the law was passed in 1964.

A law was passed to prevent discrimination in the workplace based on gender. The case being debated now focuses on the 14th Amendment’s equal protection clause, which is broad and provides a framework for analysis rather than strict rules. Justice Alito mentioned in 2020 that the court’s ruling in this case could have an impact on future constitutional cases.

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

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