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The 2020 Supreme Court Decision on Transgender Workers: A Landmark Precedent for Workplace Discrimination

In Citizen
January 14, 2025

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A significant ruling in 2020 that upheld the rights of transgender employees sets an important example for future cases. Written by Adam

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

The 2020 ruling stated that a significant civil rights law ensures that gay and transgender employees are safeguarded from discrimination in the workplace.

Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated in the majority opinion of a 6-3 ruling that it is illegal for an employer to fire someone simply for being gay or transgender. Chief Justice John G. Roberts Jr., along with the court’s four liberal members at the time, supported this decision.

The ruling, which consisted of a majority opinion and two dissents, was 168 pages long. President Donald J. Trump told reporters that he accepted the decision, noting that he had read it and that while some may have been surprised, he recognized and respected the ruling. He also described it as a strong and impactful decision.

The justices were tasked with interpreting 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 determine if the clause regarding discrimination "because of sex" also covered gay and transgender employees, impacting millions of workers.

Justice Gorsuch stated that it was true.

The writer stated that when an employer terminates an employee for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that would not be an issue if they were of a different gender.

Justice Samuel A. Alito Jr. expressed disagreement by stating that the argument presented was incredibly arrogant. He also pointed out that there is no evidence to suggest 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 discussed focuses on the 14th Amendment’s equal protection clause, which is broad in nature and sets out a framework for analysis rather than specific rules. Justice Alito suggested that the court’s ruling in this case could have an impact on future constitutional cases.

Adam Liptak is a journalist who specializes in covering the Supreme Court and writing about legal news in his column called Sidebar. He graduated from Yale Law School and worked as a lawyer for 14 years before starting his career at The New York Times in 2002. To learn more about Adam Liptak, visit his page.

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