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In his dissenting opinion, Justice Alito, joined by Justice Thomas, accused the majority of legislating from the bench, arguing that no one in thought that Title VII was intended to prohibit discrimination based on sexual orientation or gender identity—in fact, at the time, homosexual conduct was forbidden by law in many American jurisdictions—and that the Court should have construed the text of Title VII in light of how its language was commonly understood at the time. Writing separately, Justice Kavanaugh also dissented, agreeing with Justice Alito that sex discrimination under Title VII should be given its ordinary meaning, which, he said, does not include discrimination based on sexual orientation or gender identity.
Bostock was consolidated with two other cases, Altitude Express, Inc. Zarda from the Second Circuit and R. Harris Funeral Homes, Inc. In those cases, the lower courts split on whether Title VII prohibits discrimination based on sexual orientation or transgender status. The courts in Zarda and R. Ivy Tech Community College of Ind. The most immediate effect of Bostock is that in the 27 states that did not prohibit employment discrimination on the basis of sexual orientation or gender identity as a matter of state law, LGBTQ people now are protected against discrimination under Title VII.
These states are:. Wisconsin prohibited employment discrimination on the basis of sexual orientation, but not gender identity. If they do not currently do so, employers in these states will need to update their policies and training programs to expand protection against discrimination based on sexual orientation and gender identity.
Employers should not necessarily expect a flood of new discrimination complaints from LGBTQ employees. However, like any claim of discrimination, a claim of discrimination based on sexual orientation or gender identity needs to be taken seriously and resolved appropriately. Those statutes include laws in education such as Title IX , public accommodations, housing, and healthcare.
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In , such efforts passed the Senate, but failed in the House of Representatives. Efforts to codify Bostock and extend its ruling to other laws will continue, while some may seek to limit its effect.
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In this election year, the chance of any such legislation passing in both chambers seems low. In the meantime, Bostock gives LGBTQ individuals and those who believe in equal employment opportunity for all much to celebrate. Implications of the Bostock Ruling What does this ruling mean for employers in states that did not already prohibit employment discrimination against LGBTQ people?
What are the implications for other areas of law, such as housing, healthcare, and education? Where does Bostock leave Congress? Mandatory Requirements. Facilitating Tax Evasion—Enforcement of the U. The U. Can You Handle the Truth? Are You Prepared? New U. Fund Managers. Corporate Borrowers. Takeover Regulation in the U.
Guidance on the U. The Safe Cosmetics Act of H. In re Pacific Pictures Corp.