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

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.

The decision made in 2020 stated that a significant civil rights law safeguards employees who are gay or transgender 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 fire someone simply for being gay or transgender. Chief Justice John G. Roberts Jr. and the court’s four liberal members also supported this decision.

The main opinion along with two differing opinions totaled 168 pages. President Donald J. Trump stated to the press that he acknowledged the decision. He mentioned that he had reviewed the ruling and although some were taken aback, they have made their decision and he respects it. Trump also noted that he believed it was a strong decision.

The justices had to determine the interpretation of a law, Title VII of the Civil Rights Act of 1964, that prohibits discrimination in the workplace based on race, religion, national origin, and sex. They needed to decide if this law also protects gay and transgender employees from discrimination based on their sexual orientation or gender identity.

Justice Gorsuch stated that it was true.

The writer stated that if an employer dismisses someone for being homosexual or transgender, they are essentially firing them for characteristics or behavior that would not have been scrutinized if they were a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was extremely 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 and serves as a framework for analysis rather than strict rules. However, Justice Alito mentioned in 2020 that the court’s ruling in this case could have an impact on future constitutional cases.

Adam Liptak reports on the activities of the Supreme Court and authors Sidebar, a column focusing on changes in the legal field. After graduating from Yale Law School, he 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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