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Court Ruling Creates Uncertainty for LGBTQ Workplace Protections
Critics argue the ruling misreads Bostock and improperly limits its scope. They point out that while Bostock focused on firing decisions, its reasoning established a broader principle: discrimination based on sexual orientation or gender identity inherently involves sex discrimination. Under established precedent, if firing someone for being gay or transgender is sex discrimination, then creating a hostile work environment based on those characteristics would similarly violate federal law.
“The district court’s decision is an outrage and blatantly at odds with Supreme Court precedent,” said Liz Theran of the National Women’s Law Center. “The EEOC’s Harassment Guidance reminds employers and workers alike to do one simple thing that should cost no one anything: refrain from degrading others on the job based on their identity and who they love.”
