SCOTUS: Employers Can’t Discriminate on Basis of Sexual Orientation

On June 15, the Supreme Court ruled that Title VII, the federal anti-discrimination statute, explicitly protects against discrimination on the basis of one’s sexual orientation. To reach its answer, the Court consolidated three cases that all touch on this issue, including Bostock v. Clayton County Board of Commissioners. The plaintiff in Bostock was a gay man who worked for the County as the Child Welfare Services Coordinator for over a decade. In January 2013, Bostock joined a gay recreational softball league, and in June 2013 he was fired from this position.

As a member of Boston College’s Law Review, I spent the Fall semester drafting a comment on the Bostock case, which was published by the journal’s online supplement. My comment ultimately argued that the Supreme Court should follow the guidance of the Equal Employment Opportunity Commission, the federal agency that enforces Title VII, and definitively hold that sexual orientation discrimination in the workplace is prohibited by Title VII.

Although our reasonings were not identical, both the Supreme Court and I agreed that LGBTQ individuals cannot be discriminated against in the workplace. There are still many changes that must be made before sexual orientation discrimination is completely eliminated, but this decision is definitely a historic milestone worthy of celebration.

If you’re interested in reading more about the case, Title VII, and/or the inconsistent application of Title VII across the country, you can find the full comment here. And if you are interested in reading the Supreme Court’s full decision, click here.


Courtney Ruggeri is a rising third-year student at BC Law. She loves to hear from readers: email her at ruggeric@bc.edu.

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