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The Impact of the 2020 Decision Protecting Transgender Workers: A Landmark Precedent in Workplace Discrimination

In Citizen
January 14, 2025

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A significant legal ruling in 2020 established a precedent in favor of protecting the rights of transgender workers.

The Supreme Court has made a significant ruling regarding 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 facing discrimination 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 terminate an individual based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and the court’s four liberal members also supported this decision.

The majority opinion and two dissents together made up a total of 168 pages. President Donald J. Trump told reporters that he accepted the court’s decision, mentioning that he had read the ruling and that although some people were surprised by it, they had made their decision and it must be respected. He also described the ruling as a strong one.

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 this prohibition against discrimination based on sex also extended to gay and transgender employees, impacting potentially millions of workers.

Justice Gorsuch stated that it was indeed the case

The writer stated that if an employer fires someone for being homosexual or transgender, they are essentially discriminating against them for characteristics or behaviors that would not be an issue if the person 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 noted that there was no evidence to suggest that any member of Congress interpreted the statutory text in that way when the law was passed in 1964.

The law that was discussed in the case prohibited discrimination in the workplace based on gender. The case being argued focuses on the equal protection clause of the 14th Amendment, which is broadly written and is used to create a framework for analysis rather than strict rules. Justice Alito also stated that the court’s decision in this case could have an impact on future constitutional cases.

Adam Liptak is a journalist who specializes in covering the Supreme Court and writes a column called Sidebar, which discusses legal developments. 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.

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