2020-058 Supreme Court RulingDate: June 19, 2020 Report No. 2020-058
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
The Supreme Court of the United States (the Court) issued its ruling in the Bostock v. Clayton
County, Georgia case regarding employment discrimination.
BACKGROUND:
The Court combined three cases to rule on the question of whether or not Title VII of the Civil
Rights Act prohibits discrimination in employment based on sexual orientation and gender
identity.
On June 15, the Court issued the 6-3 majority opinion (attached) holding that Title VII of the Civil
Rights Act of 1964 also covers sexual orientation and transgender status, making it illegal for
employers to discriminate because of a person’s sex. This ruling upholds those from lower courts
who ruled sexual orientation discrimination was a form of sex discrimination.
DISCUSSION:
Court Ruling
The Court wrote in its decision that an employer violates Title VII when it intentionally fires an
individual employee based in part on sex. The Court further discussed that since “discrimination
requires an employer to intentionally treat individual employees differently because of their sex,
an employer who intentionally penalizes an employee for being homosexual or transgender also
violates Title VII”.
Justice Neil Gorsuch opined for the majority in the Court’s ruling and specifically mentioned that
no other federal or state laws prohibiting sex discrimination were brought before the Court to hear
in this case, and that the Court does not “purport to address bathrooms, locker rooms, or anything
else of the kind.” Justice Gorsuch also made it a point to mention for those concerned about
potential violations of religious freedoms that religious freedom was not a question put before the
Court in this case.
Equal Employment Opportunity Commission (EEOC)
If an individual believes they have been unlawfully discriminated against in employment matters
on the basis of sexual orientation or gender identity, they can file a complaint through the EEOC.
The EEOC is currently in process of updating its website with more information based on the
Supreme Court’s decision in Bostock v. Clayton as noted here:
https://www.eeoc.gov/laws/guidance/what-you-should-know-eeoc-and-enforcement-protections-
lgbt-workers.
Prior Council Discussion
On Feb. 25, 2020, staff presented a work session to City Council with research on comprehensive
non-discrimination ordinances. A copy of the presentation and materials are available here. Among
many topics, the presentation addressed an overview of federal and state non-discrimination laws
Date: June 19, 2020 Report No. 2020-058
in the areas of employment, housing, and public accommodations. With the 3 cases before the
Supreme Court regarding employment, Council provided direction that they wished to wait on
further discussion or analysis until the Court decisions were released as the federal ruling would
apply to all states and municipalities.
SOURCE:
Link: Bostock v. Clayton County, Georgia.
STAFF CONTACT:
Catherine Clifton
Deputy City Attorney
Catherine.Clifton@cityofdenton.com
(940) 349-8132
Rachel Balthrop Mendoza
Assistant to the City Manager
Rachel.Mendoza@cityofdenton.com
(940) 349-8420