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The 2020 Decision Protecting Transgender Workers: A Landmark Precedent for Workplace Discrimination

In Citizen
January 14, 2025

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A significant legal ruling in 2020 set a precedent for 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.

In 2020, a significant decision was made stating that a key civil rights law safeguards gay and transgender employees from discrimination in the workplace.

Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated that it is against the law for an employer to terminate an individual’s employment based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the court’s four liberal members also agreed with this ruling.

The ruling, which included a majority opinion and two dissents, was a total of 168 pages long. President Donald J. Trump told reporters that he accepted the ruling, stating that he had read it and acknowledged that while some people may have been surprised by the decision, 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 interpreting a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in employment based on race, religion, national origin, and sex. The main issue at hand was whether this prohibition against discrimination based on sex also encompassed discrimination against gay and transgender employees.

Justice Gorsuch stated that it was so.

The writer stated that an employer who dismisses someone for being gay or transgender is essentially letting go of an employee 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 extremely arrogant. He also mentioned that there is no evidence to suggest that any member of Congress understood the law in that way when it was passed in 1964.

The law mentioned in the text bans discrimination in the workplace based on sex. However, the current case being discussed focuses on the equal protection clause of the 14th Amendment, which is more broadly written and provides a framework for analysis rather than specific rules. Despite this, Justice Alito noted that the outcome of this case could have a significant impact on future constitutional cases.

Adam Liptak is a journalist who focuses on reporting on the Supreme Court and legal news through his column, 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. Learn more about Adam Liptak.

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