Court Decision Protecting LGBTQ+ Employees

NEW YORK – New York Attorney General Letitia James Monday applauded the United States Supreme Court for ruling, in a 6-3 decision, that employers cannot fire LGBTQ+ employees based on their sexual orientation or gender identity. The court ruled that employment discrimination against members of the LGBTQ+ population violates Title VII of the Civil Rights Act of 1964. The court’s decision resolved three cases considered together: Altitude Express v. Zarda; Bostock v. Clayton County, Georgia; and R.G. & G.R. Harris Funeral Homes v. EEOC. Last summer, Attorney General James co-led a coalition of 22 attorneys general in filing an amicus brief with the Supreme Court arguing that federal anti-discrimination laws protect LGBTQ+ individuals in the workplace.

“Who you love or how you identify should have no impact on your employment,” said Attorney General James. “Today’s decision is a victory for millions of individuals who now can rest assured that they will not be fired or disciplined simply for being themselves. While we should celebrate this victory, the struggle is not over, so we will continue to fight for equal rights in every aspect of life for LGBTQ+ New Yorkers and Americans nationwide because no one should every be singled out or discriminated against in this country — not for their race, their ethnicity, their religion, their gender identity, their sexual orientation, or any other reason.”

In the amicus brief filed last year, Attorney General James and the coalition argued that the prohibition on discrimination based on sex in Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation, sex stereotyping, or gender identity.

New York State Bar Association President Scott M. Karson said of the U.S. Supreme Court decision that the 1964 Civil Rights Act barring sex discrimination in the workplace applies to gay, lesbian and transgender workers. “The New York State Bar Association has long championed the premise that discrimination on the basis of sexual orientation or gender identity should not be permissible as a matter of federal law. With today’s decision, the United States Supreme Court has recognized the importance of protecting the LGBTQ community from fear of being fired simply because of whom they love or who they are, and we could not be more pleased.”