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The Significance of the 2020 Supreme Court Decision Protecting Transgender Workers in the Fight Against Workplace Discrimination

In Citizen
January 15, 2025

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A significant legal ruling in 2020 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 of Bostock v. Clayton County.

The decision made in 2020 stated that a significant law for civil rights ensures that gay and transgender employees are safeguarded from discrimination in the workplace.

In a 6-3 ruling, Justice Neil M. Gorsuch, appointed by President Donald J. Trump, stated that it is against the law for an employer to fire someone simply because they are gay or transgender. Chief Justice John G. Roberts Jr., along with four liberal members of the court, supported this decision.

The total length of the majority opinion and two dissents was 168 pages. President Donald J. Trump told reporters that he agreed with the ruling. He mentioned that he had read the decision and while some may have been surprised, he respected and accepted the court’s decision. He also referred to the ruling as a significant and impactful 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. The issue at hand was whether this prohibition against discrimination based on sex also included protection for gay and transgender employees.

Justice Gorsuch stated that it was indeed the case

The writer stated that when an employer terminates an employee for being homosexual or transgender, they are essentially firing them for attributes or behavior that would not be an issue if they were a different gender.

Justice Samuel A. Alito Jr. disagreed with the argument, stating that it was extremely arrogant. He also mentioned 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 debated focuses on the equal protection clause of the 14th Amendment, which provides a general framework for analysis rather than strict rules. Justice Alito mentioned that decisions made by the court could influence future constitutional cases.

Adam Liptak is a journalist who reports on the Supreme Court and writes a column called Sidebar about legal news. He attended Yale Law School and worked as a lawyer for 14 years before starting at The New York Times in 2002. For more information on Adam Liptak, click here.

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