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Examining the Impact of the 2020 Decision Protecting Transgender Workers on Workplace Discrimination

In Citizen
January 14, 2025

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A significant ruling in 2020 provided protection for transgender employees and set an important legal precedent.

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, appointed by President Donald J. Trump, stated in a 6-3 ruling that it is against the law for an employer to terminate someone based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr., a conservative, and four liberal justices also supported this decision.

The ruling contained a majority opinion and two dissenting opinions that totaled 168 pages. President Donald J. Trump told reporters that he had reviewed the decision and accepted it. He acknowledged that some people were surprised by the ruling but emphasized that it was final and they would abide by it. Trump also commented that he believed it was a strong and impactful decision.

The justices were tasked with determining 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. The main issue at hand was whether this prohibition on discrimination based on sex also extended to encompass gay and transgender workers.

Justice Gorsuch stated that it was indeed the case

He stated that an employer who terminates an employee for being homosexual or transgender is essentially firing them for characteristics or behaviors that would not have been an issue if they were of a different gender.

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

The law mentioned in the text banned discrimination in the workplace based on sex. The case being discussed focuses on the 14th Amendment’s equal protection clause, which is broad and sets a framework for analysis rather than strict rules. Justice Alito suggested in 2020 that the court’s decision in this case could influence future constitutional cases.

Adam Liptak is a journalist who reports on the Supreme Court and writes a column called Sidebar about changes in the legal field. He went to Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002.

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