Supreme Court Bars LGBT Discrimination in the Workplace

The Supreme Court ruled Monday that the key federal law prohibiting discrimination in the workplace protects gay, lesbian, and transgender employees from being disciplined, fired, or turned down for a job based on their sexual orientation.

Two of the court’s Republican appointees, Neil Gorsuch and John Roberts, joined the court’s Democratic appointees to deliver the surprising, 6-3 victory to LGBT advocates.

LGBT activists were thought to face an uphill battle at the high court because Congress has spent more than four decades considering, but failing to pass, measures intended to expand the coverage of the 1964 Civil Rights Act by explicitly adding sexual orientation to the list of protected traits.

Employment lawyer Sam Schwartz-Fenwick, partner with Seyfarth who leads the law firm’s LGBT Affinity Group, has been following the cases as they worked their way up to the Supreme Court, Mr. Schwartz-Fenwick commented:

“In a sweeping decision, the Supreme Court held 6-3 that Title VII’s protections extend to sexual orientation and gender identity. The implications of this ruling cannot be understated. Until today, most jurisdictions in the United States offered no employment protections to LGBT individuals.”

He continued “With this ruling, however, the anti-discrimination mandate of Title VII now protects LGBT individuals throughout the country. Employers, both those who already had LGBT inclusive policies and those who will now have to adopt them in order to comply with the law, will benefit from the growth in productivity and performance that comes when employees are allowed and encouraged to be themselves at work.”

Other local officials including Executive Director of One Colorado and Colorado’s Attorney General made statements as well.

“Here in Colorado, we have already passed protections to ensure that LGBTQ Coloradans are treated with dignity and respect, that is not the case for nearly half of LGBTQ Americans. In 29 states, LGBTQ people remain unprotected from discrimination when trying to access public services, adopt children, or secure housing. Our community deserves more than patchwork policies to protect ourselves and our families. We at One Colorado will continue to advocate for consistent and explicit protections for LGBTQ Americans in all areas of public life.” said Daniel Ramos, Executive Director, One Colorado.

“Everyone deserves the right to be their true, authentic selves in their place of work without fear of being fired simply because of who they are or who they love. I applaud the U.S. Supreme Court’s decision affirming that job discrimination based on sexual orientation and gender identity is a form of sex discrimination prohibited under Title VII of the Civil Rights Act. It’s a historic day for equality.” commented Phil Weiser, Colorado’s Attorney General.

Because the decision Monday is a matter of statutory interpretation, it is not an all-out guarantee of workplace protections for LGBT people in the future, since Congress is free to tinker with the law. But as a practical political matter, it seems highly unlikely Congress would reach a consensus to repeal those rights anytime soon.

“This is a momentous step, but there remains much more work to protect LGBTQ+ people from discrimination. During this time of the pandemic, historic unemployment, healthcare limitations, and civil unrest to end systemic racism and white supremacy, PFLAG members are keenly aware that federal law does not fully protect our LGBTQ+ loved ones, especially transgender people of color, especially Black trans people. When the U.S. rebounds from the COVID-19 pandemic, the lack of these protections for LGBTQ+ people will become abundantly clear. Without protection, banks and landlords will not have to extend payment leniency for credit or housing as they would for other protected groups, and LGBTQ+ people will still be excluded from access to public services, public education, public spaces, and jury duty.” said Brian K. Bond, Executive Director of PFLAG National.

He continues, “As PFLAG members march and work to effect lasting, systemic change to end racial injustice and support Black lives, we recognize that among those systemic solutions is a passage of the Equality Act to ensure people who need housing, education, credit, and health care get it. We need the U.S. Senate to join the House and pass the Equality Act.”

“We are very pleased the SCOTUS has ruled to protect LGBTQ people in their places of work, aligning with Colorado protections already in place. This decision further supports our goal to make a Colorado that works for everyone – A Colorado for All,” said Kim Bimestefer, Executive Director for the Department of Health Care Policy and Financing, and a member of the Colorado Governor’s Cabinet.

The governor of Colorado himself had this to say:

“This strong 6-3, Supreme Court ruling is a victory for LGBTQ workers and a significant step on the road to equality. We must continue to create a community where people feel safe, and loved, and valued, and respected. No person should be afraid to show the world who they are – and no LGBTQ person should risk losing their job by doing so. Colorado will continue to lead on anti-discrimination policies and my administration will continue to build a Colorado For All.”