Bostock v. Clayton County, Georgia is Scheduled to be Argued Before the U.S. Supreme Court this Fall

ATLANTA (July 8, 2019) – Georgia Equality has filed an amicus brief in the case Gerald Lynn Bostock v. Clayton County, Georgia, along with two related cases. These combined cases will be argued before the U.S. Supreme Court this fall and will examine whether employment discrimination on the basis of sexual orientation and gender identity are covered under Title VII of the Civil Rights Act of 1964. Georgia Equality filed the independent brief to highlight the importance of protecting Georgia’s LGBTQ community against discrimination under federal law.

The case’s plaintiff, Gerald Bostock, was an employee of the Juvenile Court of Clayton County, Georgia. Bostock was involved with a gay recreational softball league. According to the petition, “Bostock’s participation in the gay softball league and his sexual orientation were openly criticized by someone with significant influence in the Clayton County court system.” In June 2013, Bostock’s employment was terminated for “conduct unbecoming of a county employee.” Bostock denied he engaged in misconduct and alleged he was terminated for his sexual orientation. After his employment was terminated, Bostock sued the county for discrimination of sexual orientation and argued his termination violated Title VII of the Civil Rights Act of 1964. The federal district court dismissed the case and, on appeal, the 11th Circuit affirmed the district court’s ruling.

The brief argues that, employment discrimination based on sexual orientation and gender identity increases the already high rates of prejudice LGBTQ people experience at work. It also contributes to the increased harassment of LGBTQ employees – which range from denial of jobs and promotions to physical and sexual assault.

“Employment discrimination is a real issue impacting the lives of millions of LGBTQ Americans and their families – this includes the estimated 360,600 Georgians who identify as LGBTQ,” said Georgia Equality Deputy Director, Eric Paulk. “The court should affirm nationwide legal protection based on their sex because no one should endure discrimination or harassment based on their sexual orientation or gender identity.”

The legal team from Bondurant, Mixson & Elmore, LLP provided pro bono work on the brief. Gerald Lynn Bostock v. Clayton County, Georgia will be argued before the U.S. Supreme Court with related cases R.G. & G.R. Harris Funeral Homes v. EEOC and Altitude Express v. Zarda.