SIDEBAR - Supreme Court Rules Title VII Bars Discrimination Against Gay and Transgender Employees: Potential Implications

Published: Aug. 11, 2020, 10 a.m.

b'On June 15, 2020, the Supreme Court issued a decision in a series of cases brought by gay and transgender workers alleging that their employers violated Title VII of the Civil Rights Act of 1964 (Title VII) by discriminating against them \\u201cbecause of . . . sex.\\u201d The Court held 6-3 in Bostock v. Clayton County, Georgia that Title VII forbids employers from firing an individual for being gay or transgender. The Court\\u2019s decision in Bostock was consolidated with two other cases, Altitude Express, Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes, Inc. v. EEOC. (An earlier Sidebar addresses lower court decisions in these cases and provides further background on Title VII.)\\n\\nThis Sidebar explains the Court\\u2019s holding in Bostock and highlights some potential implications of the decision for other areas of the law, including the \\u201cbona fide occupational qualification\\u201d (BFOQ) exception in Title VII; constitutional exceptions and religious-based exemptions to Title VII; various aspects of Title IX of the Education Amendments of 1972 (Title IX); and statutes that incorporate Title IX\\u2019s requirements, such as the Affordable Care Act.'