Possible Implications of the Supreme Court Decision in Bostock
Summary
The Supreme Court’s recent decision in Bostock v. Clayton County held that although Title VII does not recognize LGBTQ+ status as a protected characteristic, LGBTQ+ discrimination is not possible without impermissibly taking into account a person’s sex. According to the lawsuit, the employee first complained internally, but the employer’s HR department determined that caste discrimination is not illegal under federal law. Given the typical pace of litigation, it is likely that determination was made well before the Supreme Court’s ruling in Bostock just one month ago, and that analysis might have a very different outcome today. Race, color, religion, sex, and national origin are all things people are born into and that typically do not determine whether or to what extent a person is qualified to perform the functions of a particular job. By focusing on the larger lessons of laws like Title VII, rather than getting lost in the weeds, employers will naturally avoid the vast majority of potential problems to begin with.
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