How a Recent SCOTUS Ruling Affects Sexual Preference & Gender Identity Discrimination in the Workplace


On June 15, 2020, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits discrimination against employees on the basis of one’s sexual preference and gender identity. The case, termed Bostock v. Clayton County, was decided in a 6-3 decision lead by Supreme Court Justice Neil Gorsuch.

Attorneys Michael Kornbluth and Joseph Hjelt of Kornbluth Ginsberg Law Group, P.A. recently collaborated on an article featured in Attorney At Law Magazine on the topic. The article explains how, with the Bostock ruling, individuals who make up the LGBTQ+ community now have more freedom to be themselves in the workplace without the fear of losing their jobs.

However, despite this exciting victory, the United States still has a ways to go regarding protections for marginalized individuals under the law. Title VII does not protect those who work for businesses with less than 15 employees, for example, nor did the Court address the impact of this ruling on the long-debated topic of bathroom access for employees who identify as transgender.

Nonetheless, we celebrate the Bostock ruling a landmark victory for LGBTQ+ advocates. Now, anyone who believes they were fired or otherwise mistreated at work due to their sexual preference or gender identity may be entitled to sue for damages such as lost wages, lost benefits, emotional distress, legal fees, and even punitive damages.

For more details on the ruling and how it came to be, you can read the full article here. The piece was originally published on as “Impact of SCOTUS Ruling On Sexual Preference and Gender Identity Discrimination” on September 10, 2020.

Do you have reason to believe you have been discriminated by your employer on the basis of sex, race, religion, or another factor? Contact our Durham employment discrimination lawyers at (919) 336-1932 or write to us online to schedule a free legal consultation.