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Bostock v. Clayton County, Georgia

  • bstrowd
  • Jul 29, 2021
  • 2 min read

Every year, more workplace discrimination claims are filed in the United States. From 2008 to 2012, we can witness a considerable increase in employment discrimination according to the Federal Government's Equal Employment Opportunity Commission

(EEOC). Discrimination on the basis of race has been banned in the United States since the implementation of Title VII of the Civil Rights Act of 1964. However, the gray area surrounding gender, age, religion, and disability, on the other hand, has contributed to a rise in litigation throughout time. The importance of Title VII of the Civil Rights Act of 1964, as evidenced by the historic Supreme Court case Bostock v. Clayton County, which protects individuals from discrimination simply on the basis of their sexual orientation or gender identity (Team, 2020).


In the case of Bostock v. Clayton County, Gerald Bostock was a gay man who worked as a child welfare service coordinator for Clayton County, Georgia. Bostock received favorable performance reviews throughout his ten-year tenure. Bostock joined a gay recreational softball league in 2013, where he was reprimanded for his sexual orientation. After that, he was fired from Clayton County. Bostock filed a case of discrimination with the Equal Employment Opportunity Commission, alleging that he was fired because of his sexual orientation (Carter, 2021).


In prior Supreme Court cases, such as R.G. & G.R. Harris Funeral Homes Inc v. Equal Employment Opportunity Commission and Altitude Express v. Zarda, the Civil Rights Act of 1964, Title VII, was invoked. Given the two cases above present a similar question, the Supreme Court has merged them for oral argument with Bostock v. Clayton County. Does Title VII of the Civil Rights Act of 1964 prohibit an employer from discriminating against an employee based on sexual orientation?



The court held that any employer who dismisses an individual employee solely because they are gay or transgender violates Title VII of the Civil Rights Act of 1964, according to a 6-3 judgment in Bostock v. Clayton County. In his majority decision, Justice Neil Gorsuch stated that when an employer fires an employee because of their sexual orientation or transgender status, it is discrimination because the organization is purposefully treating the employee differently because of their sex.


As the number of workplace discrimination claims rises across the United States, Bostock v. Clayton County can help people feel more at ease when they are discriminated against at work. When this important Supreme Court case is applied, you can ensure that people are not fired because of their sexual orientation or transgender status, while also encouraging states to implement stronger anti-discrimination laws. The future of civil rights protections for LGBTQ people are promising, hopefully becoming normalized and mainstream in American culture.

 
 
 

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