As of June 15, 2020, Justice Neil Gorsuch, authorized nationwide protection for the LGBTQ
community against workplace discrimination. In the case Bostock v. Clayton County, Justice
Gorsuch used the following language, “In Title VII, Congress adopted broad language making it
illegal for an employer to rely on an employee’s sex when deciding to fire that employee.” Prior
to this case it was legal in more than half of the states in the U.S. to not hire or fire workers for
being gay, bisexual, or transgender.
Justice Gorsuch stresses that the importance of this new law is whether “changing the
employee’s sex would have yielded a different choice by the employer.” Gorsuch and the rest
of the majority made it clear that this “entails discrimination based on sex; the first cannot
happen without the second.”
New Jersey employers should be mindful that the New Jersey Law Against Discrimination
already protects gay and transgender workers from employment discrimination, since it
prohibits discrimination based on an employee’s gender identity and/or sexual orientation.
Ronald L. Tobia, Esq.
Email: [email protected]
Cell#: 973-568-5800
Othiamba N. Lovelace, Esq.
Email: [email protected]
Cell# 201-638-0990
Thank you for your attention.