Expanding LGBTQ+ Non-Discrimination Protections: Beyond Bostock v. Clayton County

Today, IntraSpectrum Counseling isn’t observing or celebrating an annual event as much as remembering an important anniversary: today marks the 4th anniversary of the June 15, 2020 SCOTUS decision in Bostock v. Clayton County, Georgia, No. 17-1618 (S. Ct. June 15, 2020) which made it illegal in all 50 states to fire an employee for being gay, bisexual, or transgender. In a 6-3 decision, the Court affirmed that sex discrimination in Title VII of the Civil Rights Act of 1964 extends to discrimination based on sexual orientation and gender identity, and is therefore prohibited by federal law.

The ruling prohibits sexual orientation and gender identity discrimination when it comes to any aspect of employment – including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment. It also makes it unlawful to subject an employee to workplace harassment that creates a hostile work environment based on sexual orientation or gender identity.

The Bostock v. Clayton County ruling marked a sweeping workplace change for millions of LGBTQ+ employees across the country. It protects LGBTQ+ workers coast to coast – even in states that have no express protections in their own laws. It continues to inspire states, commonwealths, municipalities and local businesses around the U.S. to enact their own similar anti-discrimination legislation, and will have an impact on the cultural acceptance of LGBTQ+ individuals & issues.

There are exceptions to the ruling:

• It doesn’t apply to smaller employers
• It includes exceptions, including for religious employers
• It leaves significant gaps in federal civil rights protections in areas such as housing, education, health care, jury service and credit

So, while there are protections in place for LGBTQ+ workers against employment discrimination, they don’t apply to all employees and they don’t address other contexts under federal law where sex discrimination is prohibited. In order to ensure consistent and explicit non-discrimination protections for LGBTQ+ people around the country and across key areas of life, it’s imperative that Congress enact additional legislation in areas such as housing, credit, education, public spaces and services, federally funded programs and jury service.

At IntraSpectrum Counseling, we encourage everyone to be an active ally for their LGBTQ+ co-workers, friends and loved ones, and to call-out discriminatory behavior every time you witness it, provided it feels safe to do so. We also encourage you to contact your congressional representatives (click here to find yours) to tell them how important the issue of federal civil rights protections for LGBTQ+ people is for you, and that you want them to finish this important work.

For more information and resources on this important topic, check out these websites:

• SupremeCourt.gov Opinions 17-1618 Bostock v. Clayton County (06/15/2020)
  U.S Equal Employment Opportunity Commission – Sexual Orientation and Gender Identity (SOGI) Discrimination
• Human Rights Campaign – the Equality Act

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As Chicago’s leading psychotherapy practice dedicated to the LGBTQ+ community, IntraSpectrum Counseling provides the highest quality mental health care for clients of all ages and across the spectrum of identities. For anyone needing affirming and validating support or healing with any issue, please click here or email us at help@intraspectrum-chicago.com.