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The Impact of the 2020 Bostock Decision on Transgender Workers: A Landmark Precedent in Employment Discrimination Law

In Citizen
January 14, 2025

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A significant ruling in 2020 has set a precedent for protecting the rights of transgender workers.

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

The ruling, which was made in 2020, stated that a significant civil rights law safeguards gay and transgender employees from being discriminated against in the workplace.

Justice Neil M. Gorsuch, who was appointed to the court by President Donald J. Trump, stated in a 6-3 ruling that it is against the law for an employer to fire someone for being gay or transgender. Chief Justice John G. Roberts Jr. and the court’s four-member liberal wing also supported this decision.

The total length of the majority opinion and two dissents was 168 pages. President Donald J. Trump told reporters that he acknowledged the ruling and had read through it. Despite some people being surprised by the decision, he stated that they had made their ruling and it would be respected. He also described it as a strong decision.

The justices were tasked with interpreting Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, religion, national origin, and sex. They needed to determine if the provision prohibiting discrimination based on sex also extended to gay and transgender employees, impacting millions of workers.

Justice Gorsuch stated that the action was indeed done

The writer stated that an employer who terminates an employee for being gay or transgender is essentially firing them for qualities 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 it was very arrogant. He also mentioned that there is no proof that any member of Congress understood the law in that way when it was passed in 1964.

The law that was passed made it illegal to discriminate against employees based on their gender. The case being discussed on Wednesday focuses on the 14th Amendment’s equal protection clause, which is more broadly written and sets a framework for analysis rather than strict rules. Justice Alito mentioned that the court’s ruling could have a significant impact on future constitutional cases.

Adam Liptak is a journalist who focuses on reporting about the Supreme Court and legal news in his column called Sidebar. He went to Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. You can find out more about Adam Liptak on his bio page.

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