Today the US Supreme Court issued its decision in Bostock v. Clayton County. In a vote of 6 to 3, the Court has decided 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.” In the midst of the COVID-19 health crisis and vitally important nationwide demonstrations in support of Black lives and against systemic racism, this decision is heartening and encouraging.
The Supreme Court has ruled that companies don’t have a right to discriminate against LGBTQ people in the workplace. This historic decision says that LGBTQ people are, and should be, protected from discrimination under federal law.
Georgia Equality will host a townhall meeting tonight (6/15/20) at 6:00 PM on Facebook Live to discuss the impact of the ruling in Georgia. Visit facebook.com/gaequality
“The court’s decision today makes clear what we have said all along– people should not be fired from their jobs simply because they are gay or transgender. But today’s win is one step in the right direction of outlawing all forms of discrimination against marginalized communities. This decision should only fuel our urgency to see Georgia pass discrimination protections for all Georgians,” said Jeff Graham, executive director of Georgia Equality.
This work is not finished, Georgia remains one of only three states without any nondiscrimation protections for anyone in state law, and one of only five with no protections in public spaces. While LGBTQ people now have legal protection from discrimination at work, we still have a long way to go. Even after today’s decision, it will still be legal under federal law for stores, restaurants and hotels to discriminate against LGBTQ people.
Not only that: In the middle of our current health crisis, it’s scary to think that people could be denied the medical care they need when they need it. LGBTQ Americans live with this fear even in the best of times, and that’s why we need to make sure no American faces discrimination or is denied services simply because of who they are.
We need state lawmakers to fully protect all marginalized communities from discrimination and pass fully comprehensive state non-discrimination protections—and for the business community to play a leading role in advocating for these legal protections. But that’s just part of what is needed to achieve true equality.
Our nation, at every level, needs to address the racism that perpetuates discrimination and violence against Black people—and all people of color, including those who are LGBTQ—even when such discrimination and violence are formally prohibited by law. Even with today’s decision, Black LGBTQ people will still face disproportionate discrimination across their lives. Until our laws remedy systemic racism and inequality, and our culture catches up to those laws, our movement’s pursuit of LGBTQ equality is far from done.
Today’s decision is an important step forward. It is a powerful reminder of how much work is left to do, and how critical that work remains.
BACKGROUND
On October 8, 2019, The United States Supreme Court heard consolidated cases pertaining to Title VII of the Civil Rights Act and its application to LGBTQ workers and their rights at the workplace. This landmark decision could be handed down any day. The outcome of these cases will determine, under federal law, whether hardworking, high-performing LGBTQ employees can be fired from their jobs, lose their health care, and lose the ability to take care of their families— because of who they are. This is a watershed moment for LGBTQ people across America, no matter the decision.
THE PRESENTED CASES
Bostock v. Clayton County, Georgia: After a decades worth of experience and following numerous accolades as welfare services coordinator for Clayton County, Gerald Bostock was suddenly terminated from his job for so-called “conduct unbecoming of its employees.” The problem? Bostock joined an extra-curricular gay softball league. Bostock’s work colleagues made disparaging remarks about his sexual orientation in front of his supervisor, which led to an internal audit of his work and ultimate termination.
Altitude Express v. Zarda: Don Zarda was an LGBTQ man who worked for a skydiving business on Long Island, New York. Zarda was immediately fired after he revealed he was LGBTQ during business hours – fitting a disturbing history of anti-LGBTQ encounters from the business. Zarda sued the business because of clear anti-LGBTQ discrimination. Zarda has passed away, but the case is being managed by his sister, Melissa Zarda, and former partner, Bill Moore.
R.G. & G.R. Harris Funeral Homes v. EEOC: Aimee Stephens worked at a funeral home in Detroit, Michigan. She was terminated after she came out as transgender to her supervisor. Two weeks later, Aimee’s role was terminated at the funeral home. Aimee took her case to the Equal Employment Opportunity Commission (EEOC) where the agency sued the company on behalf of her.
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ABOUT
Celebrating its 25th year, Georgia Equality is the state’s largest advocacy organization working to advance fairness safety and opportunity for Georgia’s lesbian, gay, bisexual, transgender, and allied communities.