Yesterday, June 15, 2020, the United States Supreme Court issued a decision in Bostock v. Clayton County, Georgia (and two other consolidated case) that has been highly anticipated in the business community for years. The issue: Does Title VII of the Civil Rights Act of 1964 prohibit discrimination based on sexual orientation and gender identity? In a 6-3 ruling, Trump-appointed Justice Neil Gorsuch wrote the majority opinion answering this question, “YES.”
On Monday, April 22, 2019, the United States Supreme Court agreed to hear three cases regarding whether Title VII of the Civil Rights Act protects the LGBTQ communities from discrimination based on sex.
The Act does not specifically mention sexual orientation, gender identity, or transgender status, but many appellate courts and the Equal Employment Opportunity Commission have read the prohibition against “sex” as covering these groups of people. Other appellate courts have insisted that the prohibition does not apply to these groups.
In 2012, Abt Associates surveyed 1,812 worksites and 2,852 employees about experiences with family and medical leave. The worksite survey includes both sites that are covered by the Family and Medical Leave Act (FMLA) and those that are not covered. The employee survey includes employees that took leave,