On Monday, June 15th the Supreme Court ruled that sexual orientation and gender identity is protected under Title VII of the Civil Rights Act of 1964. Title VII specifically prohibits employers to discriminate against any individual based on race, color, religion, sex, or national origin. Prior to this recent ruling, sex discrimination was commonly interpreted as male or female. While many organizations have voluntarily implemented policies to protect the rights of lesbian, gay, bisexual, and transgender (LGBT) people, now all employers must follow this new interpretation.
Employers may not
fail or refuse to hire someone based on their LGBT status,
discharge an employee based on their LGBT status, or
otherwise discriminate against an individual based on their LGBT status.
As you make employment decisions and manage your workforce, it is important to keep in mind that LGBT status is now a basis for Title VII claims. Make sure that employment decisions continue to be based on non-discriminatory reasons, such as performance or for being in violation of company policies.
HR Solutions Group actively supports our clients through legislative and judicial changes that impact HR practices and compliance. We recommend that employers who are covered by Title VII update their employment policies to specifically call out the additional protections. Please contact Renee Goodemoot, Consulting Services Manager, if you’d like our team to ensure your employee handbook is compliant with the most contemporary federal and state labor laws.