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Employers Cannot Fire Workers Because of Their Gender Identity or Sexual Orientation

In a 6-3 vote, the U.S. Supreme Court ruled that “an employer who fires an individual merely for being gay or transgender violates Title VII.”

What was the issue?  Does Title VII of the Civil Rights Act of 1964, which forbids discrimination on the basis of sex, also includes discrimination based on gender identity or sexual orientation?

The decision combines three cases, all of which revolved around an employer who allegedly fired a long-time employee for being gay or transgender.

In the first, Gerald Bostock was fired for “conduct unbecoming of its employees” after he joined a gay softball league.  In the second case Aimee Stephens was fired after telling her employer she was transgender. In the third, Donald Zarda was fired from a skydiving company in New York “because he did not conform to the sex stereotype that men should be attracted only to women.

The Law Office of Phillip J. Griego
95 South Market Street, Suite 520
San Jose, CA 95113
Tel. 408-293-6341
 
Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
 

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Phillip J. Griego represents employees and businesses throughout Silicon Valley and the greater San Francisco Bay Area including Palo Alto, Menlo Park, Mountain View, Los Altos, San Jose, the South Bay Area, Campbell, Los Gatos, Cupertino, Morgan Hill, Gilroy, Sunnyvale, Santa Cruz, Saratoga, and Alameda, San Mateo, Santa Clara, San Benito, Mendocino, and Calaveras counties.

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