In a ruling issued today, the United States Supreme Court found (in a 6-3 decision) that Title VII prohibits discrimination based on sexual orientation and gender identity. Of significant interest to law professors and commentators is the high Court’s reasoning that such discrimination has been illegal ever since Title VII was passed in 1964 even though Congress almost certainly did not intend to prohibit such discrimination at the time. For employers, though, the impact of Bostock is clear: employers with 15 or more employees (the threshold for application of Title VII) may not discriminate against employees or applicants on the basis of sexual orientation or gender identity.
A copy of the opinion is linked here: https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
RUSSELL L. FOSTER
Carver Darden Koretzky Tessier Finn Blossman & Areaux LLC
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