The U.S. Supreme Court in its recent decision in Bostock v. Clayton County, Georgia found that Title VII of the federal Civil Rights Act of 1964 prohibits an employer from basing a decision to fire, refuse to hire, or otherwise discrinimate against an individual based on that individual’s identity as gay or transgender.  While discriminaiton on the basis of gender identity or sexual preference has long been illegal in California, Bostock is a significant development in federal law.

The three plaintiffs in Bostock were all longtime employees of their respective employers who were fired when their employers became aware of their gay or transgender identity.

The Court held that discrimination on the basis of sexual orientation is discrimination “because of sex” prohibited by Tltle VII.  The Court further held that the employer’s intent or desription of its adverse action against a gay or transgender employee is irrelevant if the action would have been discriminatory if taken against an identical employee of another sex.  The Court also held that the employee’s sex need not be the principal basis for the employer’s discriminatory action so long as the employee’s sex is on “but for” cause for the employer’s action.   

Bostock will have impacts beyond Title VII employment discrimination, since numerous other federal statutes also prohibit discrimination on the basis of sex.

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