Supreme Court Bans Employer Discrimination Against LGBT Community
June 16, 2020
The LGBT community earned a big win today as the Supreme Court ruled that any employer who fires an employee for being gay or transgendered is in direct violation of Title VII of the Civil Rights Act, which when originally enacted in 1964, protected individuals from discrimination in the workplace based on race, color, religion, and national origin.
The decision came on the heels of three distinct cases starting with Gerald Bostock, a Clayton County, Georgia employee who was fired from his job after joining a gay softball league. Bostock, a child welfare advocate, was criticized by his employer for engaging in conduct that was considered “unbecoming” of a county employee. A funeral home employee from Michigan was fired after she told her employer that she would be identifying as a woman; Aimee Stephens, the employee, was working at the funeral home for six years when she was terminated. The third case was brought forward by Donald Zarda, a skydiving instructor in New York, who was fired simply because he mentioned that he was gay.
Surprisingly, all three employers involved admitted that they fired these employees because they were either gay or transgendered, however, they all argued that they were not in violation of Title VII of the Civil Rights Act. The Supreme Court, however, disagreed.
The Supreme Court Decision
These cases showed blatant discrimination toward the LGBT community and as such, warranted reexamination by the Supreme Court. “Ours is a society of written laws,” said Justice Neil Gorsuch. He continued, “Judges are not free to overlook plain statutory commands on the strength of nothing more than suppositions about intentions or guesswork about expectations. 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. We do 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.”
The Supreme Court ruling passed with a 6-3 vote.
Hiring an Employment Law Attorney for Discrimination
The Epstein Law Firm, P.A. has long fought for individuals who have been wrongfully discriminated against or terminated at work. Our firm has successfully represented individuals who have faced discrimination on account of their race, gender, age, sexual orientation and more. If you were discriminated against or wrongly terminated, the attorneys at the Epstein Law Firm, P.A. are ready to take your call and fight for your rights.
Contact A Rochelle Park Employment Law Attorney To Discuss Your Discrimination Case In New Jersey
Individuals are afforded certain rights when they go to work. When these rights have been dismissed, workers have the right to pursue legal action. The attorneys at the Epstein Law Firm, P.A. have years of experience handling these types of discrimination claims. We’ve successfully represented clients in all forms of discrimination cases and advocated for their right to have a safe and hostile-free workplace. The Epstein Law Firm, P.A. represents clients in Paterson, Hackensack, Paramus, Englewood and throughout New Jersey. Call 201-380-7687 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 340 West Passaic Street Rochelle Park, NJ 07662.
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