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Breaking Barriers: The Impact of the 2020 Transgender Worker Protection Decision on Employment Discrimination

In Citizen
January 14, 2025

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A significant ruling in 2020 established a precedent in favor of protecting the rights of transgender employees. This decision was made by

The Supreme Court has made a significant ruling on transgender rights in 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 against the law for an employer to fire someone for being gay or transgender. The ruling, which was 6-to-3, had support from Chief Justice John G. Roberts Jr. and the court’s liberal wing at the time.

The ruling consisted of a majority opinion and two dissents that totaled 168 pages. President Donald J. Trump stated to reporters that he acknowledged the ruling and accepted it. He mentioned that although some people were surprised by the decision, he respected it and would abide by it. Trump also praised the decision, calling it a strong one.

The justices had to determine the interpretation of Title VII of the Civil Rights Act of 1964, which prohibits discrimination in employment based on race, religion, national origin, and sex. They needed to decide if this prohibition of discrimination based on sex also extended to include gay and transgender employees.

Justice Gorsuch stated that it was true.

He stated that when an employer terminates someone for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that they would not have had a problem with if the individual belonged to a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it to be incredibly arrogant. He also pointed out that there is no proof that any member of Congress understood the statutory text in that way when the law was passed in 1964.

A previous law made it illegal to discriminate in the workplace based on gender. However, the case being discussed revolves around the 14th Amendment’s equal protection clause, which is more broad and sets up guidelines for analysis instead of strict rules. Despite this, Justice Alito has suggested that the court’s decision could have a significant impact on future constitutional cases.

Adam Liptak is a journalist who specializes in reporting on the Supreme Court and legal news through his column called Sidebar. He attended Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. For more information about Adam Liptak, you can visit his page.

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