As Goes California, So Goes the Nation: High Court Protects LGBTQ+ Workers

Elizabeth Riles

History happens every day, but it has never felt so present as it has in 2020. With all that is happening, it was such a great pleasure to experience the sweeping landmark decision of the United States Supreme Court in Bostock v. Clayton County.

In a 6-3 decision written by Justice Neil Gorsuch, the Supreme Court held that Title VII prohibits discrimination based on sexual orientation and gender identity. The Supreme Court found that “sex” is a distinct characteristic but inseparable from the concepts of sexual orientation and gender identity and as such “[a]n employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex” — exactly what is forbidden by Title VII.

It has been a long battle to remedy the invidious discrimination that the LGBTQ+ community suffers in workplaces across the country. Finally, LGBTQ+ workers in all states will be protected from discrimination in the workplace, a benefit long enjoyed by workers here in California. This is an historic step toward true equality, the promise America has made to everyone.

Moreover, not only has the Court granted protections to LGBTQ+ workers, but the ruling rests on an argument that could provide expanded discrimination protections for other classes of employees. The way that causation is discussed makes it clear that if the protected characteristics play a role, any role in the decision, then the decision is discriminatory. For that reason, Bostock v. Clayton County could expand when discrimination is found and could be useful in all kinds of discrimination cases, not just LGBTQ+.

I am extremely proud to continue in the work we all do and to be part of this organization that continues to be at the forefront of pushing to ensure we live up to the promise of equality.

Hooray and Hallelujah!