Texas Tech University

Will the Supreme Court's Landmark LGBTQ Decision be a Step Toward Equality?

McKenzi Morris

June 22, 2020

Jarod Gonzalez is available to discuss the impacts and implications of the ruling on federal employment discrimination laws based on sex.

In Bostock v. Clayton County, the U.S. Supreme Court ruled, 6-3, on Monday (June 15) that Title VII of the Civil Rights Act of 1964, which prevents employment discrimination on the basis of sex, protects LGBTQ employees. This is considered a watershed ruling for gay and transgender employees and a step toward equality in the workforce.

Jarod Gonzalez, the J. Hadley Edgar Professor of Law in Texas Tech University's School of Law, is available to discuss how the justices came to this decision and the impacts it will have on employees and employers.

Jarod Gonzalez, the J. Hadley Edgar Professor of Law, (806) 834-8378 or jarod.gonzalez@ttu.edu

Talking Points

  • Many states have their own state anti-discrimination statutes that already prohibited employment discrimination on the basis of sexual orientation and gender identity. Now, this decision will provide explicit federal protection against sexual orientation and gender discrimination across the country.
  • Important questions will continue to arise concerning the prohibition against sexual orientation and transgender discrimination and religious liberty rights of religious organizations, which will presumably lead to more litigation and decisions over these issues.
  • Employers operating in states where this type of anti-discrimination protection previously did not exist will need to update their policies, procedures and training to be in compliance with the law.
  • The three opposing justices focused on the "because of sex" language in the statute and concluded that the ordinary meaning of the "because of sex" language is that sexual orientation and gender identity are distinct and different concepts from biological sex and are not included within the meaning of "sex" under Title VII.