On June 15, 2020, the Supreme Court decided that Title VII bars employment related discrimination based on gender identity or sexual orientation.

Title VII, a key provision of the Civil Rights Act of 1964, protects employees against discrimination based on certain specified characteristics: race, color, national origin, sex and religion. In this recent decision the U.S. Supreme Court interpreted “sex” to necessarily include gender identity and sexual orientation.

Title VII prohibits discrimination and harassment in all aspects of employment including: recruiting, hiring, promoting, transferring, training, disciplining, discharging, assigning work, measuring performance, or providing benefits. It applies to employers in both the private and public sectors that have 15 or more employees. It also applies to the federal government, employment agencies, and labor organizations.

No individual employed by a company covered by Title VII, or applying to work for that company, can be denied employment or treated differently with regard to any workplace decision on the basis of perceived racial, religious, national, sexual, or religious characteristics.

Impact on Employers

Employers should take this time to review and update all employee handbooks and personnel policies.

Contact a member of the Kitch labor and employment team with questions.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Supreme Court Rules That LGBTQ Workers Are Protected From Job Discrimination

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