Jun 15, 2020, 7:13 PM
On June 15, The Supreme Court ruled that existing federal rights law related to sexual discrimination in the workplace protects LGBT employees. The cases were brought by three workers who said they were fired from their jobs because they were gay or transgender. They argued that Title VII of the Civil Rights Act, which says that employers may not discriminate based on “sex,” also applies to sexual orientation and gender identity. In a 6-3 opinion, Chief Justice John Roberts and Neil Gorsuch confirmed that “an 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. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
This ruling will have an immediate and broad effect on the country, including on education. Nearly half of U.S. states lack any legal protections for LGBT workers against discrimination on account of such traits. The decision will guarantee nationwide protections for LGBT workers over any state laws and in the absence of any federal legislation. Independent schools subject to U.S. federal civil rights laws, particularly those subject to Title VII, should take note of the precedent-setting ruling and adjust any applicable employee handbook policies and hiring practices. Schools accepting federal loans under the PPP of the CARES Act should be aware that they are required to certify that they will comply with various civil rights laws.
The Supreme Court clarified that its ruling applies only to employment decisions and does not purport to address issues like sex-segregated bathrooms and locker rooms. As for religious schools, it is still unclear how this decision may intersect with religious liberties and laws such as the Religious Freedom Restoration Act of 1993 and Title VII’s express statutory exemption for religious organizations. These issues, however, were not before the Court and thus “how these doctrines protecting religious liberty interact with Title VII are questions for future cases too.”
Related content
Title IX Compliance: What Independent Schools Need To Know (webinar recording, May 2020)
Preparing for Transgender Students and Faculty (web-only, May 2018)
The More You Know: Transgender Students and Staff (July/Aug 2018)
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