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The Impact of the 2020 Supreme Court Decision on Transgender Workers: A Landmark Precedent in Workplace Discrimination Law

In Citizen
January 14, 2025

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

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

In 2020, a significant court decision stated that a key law regarding civil rights ensures that gay and transgender employees are safeguarded against discrimination in the workplace.

Justice Neil M. Gorsuch, appointed by President Donald J. Trump, stated that it is illegal for an employer to terminate someone based solely on their sexual orientation or gender identity. This was the majority opinion in a 6-3 ruling, with Chief Justice John G. Roberts Jr. and four liberal justices also in agreement.

The majority opinion and two dissenting opinions totaled 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He mentioned that he had read the decision and although some people were surprised, he accepted the decision. Trump also described the ruling as 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. They needed to determine if this prohibition on discrimination based on sex also included protection for gay and transgender workers.

Justice Gorsuch indicated that the action was done.

The author stated that if an employer terminates an employee for being homosexual or transgender, they are essentially firing them for characteristics or behaviors that they would not have found problematic if the person belonged to a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that he found it to be extremely arrogant. He also pointed out 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 that was passed made it illegal to discriminate in the workplace based on someone’s gender. The case being discussed on Wednesday, however, focuses on the equal protection clause of the 14th Amendment, which is more broadly written and is used to create a framework for analysis rather than specific rules. Justice Alito mentioned in 2020 that the court’s decision in this case could have a significant impact on future constitutional cases.

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

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