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

In Citizen
January 15, 2025

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

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 against 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 illegal for an employer to terminate an individual based solely on their sexual orientation or gender identity. Chief Justice John G. Roberts Jr. and four members of the court’s liberal wing also supported this decision.

The ruling by the majority opinion and two dissents was spread out over 168 pages. President Donald J. Trump told reporters that he acknowledged and accepted the ruling. He mentioned that some people may have been surprised by the decision, but ultimately they have made their ruling and it must be respected. Trump also commented that he found the decision to be very strong and impactful.

The justices were tasked with determining the interpretation of Title VII of the Civil Rights Act of 1964, a law that prohibits discrimination in the workplace based on race, religion, national origin, and sex. They needed to determine if the protection against discrimination based on sex also extended to gay and transgender employees, affecting millions of workers.

Justice Gorsuch stated that it was indeed the case

The writer stated that when an employer fires someone for being homosexual or transgender, they are essentially firing 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 mentioned that there is no evidence to suggest that any member of Congress understood the text of the law in that way back in 1964.

The law that was discussed prohibited discrimination in the workplace based on a person’s gender. The case being debated focuses on the 14th Amendment’s equal protection clause, which is broad and used to create a framework for analysis rather than specific rules. Despite this, Justice Alito noted that the court’s ruling could have a significant impact on future constitutional cases.

Adam Liptak reports on news related to the Supreme Court and authors a column called Sidebar that discusses legal changes. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. To learn more about Adam Liptak, click here.

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