On June 15, 2020, in a 6-3 opinion, the U.S. Supreme Court held that firing an individual merely for being gay or transgender violates Title VII’s prohibition against sex discrimination. Jackson Walker Labor & Employment partner Gary Fowler discusses this landmark ruling, what it means for both employers and LGBTQ+ employees, and gives three practical implications employers should consider to prevent sexual discrimination liability.
1) Look at your employee handbook—update if it does not reference harassment based on sexual orientation or gender identity.
2) Consider your training to specifically cover harassment based on sexual orientation or gender identity. Include examples of behavior that is specifically prohibited.
3) Review your hiring practices to ensure that there are no questions used in interviews that may in any way implicate sexual orientation or gender identity, which will be perceived as sexual discrimination.
For insights about the Bostock opinion, view Gary Fowler's analysis on the Jackson Walker website.
The music is by Eve Searls.
This podcast is made available by Jackson Walker for informational purposes only, does not constitute legal advice, and is not a substitute for legal advice from qualified counsel. Your use of this podcast does not create an attorney-client relationship between you and Jackson Walker. The facts and results of each case will vary, and no particular result can be guaranteed.
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