Monday, the United States Supreme Court ruled 6-3 that Title VII prohibits discrimination based on an individual’s homosexuality or transgender status. Before this landmark decision, Title VII only protected employees from discrimination based on sex, race, color, national origin, and religion. Justice Neil Gorsuch, who was appointed by President Trump in 2017, delivered the majority opinion writing that “an employer who fires an individual merely for being gay or transgender violates Title VII.” 

“In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee. [The Supreme Court does] not hesitate to recognize today a necessary consequence of that legislative choice: An employer who fires an individual merely for being gay or transgender defies the law.” 

This opinion resolves a circuit split on whether LGBTQ individuals were protected under Title VII. The Second, Sixth, and Seventh Circuits had previously construed Title VII to prohibit discrimination on the basis of sexual orientation or transgender status, but the Fifth Circuit recently held that Title VII did not prohibit discrimination based on sexual orientation, which decision, of course is now superseded.

In light of this decision, employers should review the EEO statements in their handbooks to ensure that they expressly prohibit discrimination on the basis of sexual orientation and gender identity. We encourage you to reach out to your Client Experience Manager should you wish to review your current EEO statement or have any additional questions.

 This article is for informational purposes only and should not be considered legal advice. Please consult with your legal counsel regarding any specific situation, particularly given that this is a new statute without implementing regulations at this time.

Written by Christie Newkirk and Shelby Taylor from Diamond McCarthy.