Partner Discusses the Impact U.S. Supreme Court Decision Will Have on Employers
In a 6-to-3 decision in Bostock on June 15, 2020, the U.S. Supreme Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity — including being transgender — is unlawful discrimination “because of sex” under Title VII of the Civil Rights Act of 1964. In an interview with the Mississippi Business Journal, Steve Cupp shares his insights on how the ruling will impact employers.
Steve cautions that the ruling will have a “far-reaching impact on employment law,” and he predicts that it will lead to “a lot of litigation.” He also comments on how the ruling has set the stage for a new wave of legal battles over LGBTQ rights in the workplace. An issue that almost certainly will arise quickly will be the extent to which the Religious Freedom Restoration Act (RFRA) will provide any exceptions to the ruling for those with sincerely held religious beliefs.
Overall, Steve recommends that employers “prepare to operate under new rules” and immediately review their company’s anti-discrimination policies. He also advises employers to keep the Supreme Court’s ruling at the forefront of training and hiring decisions as well as actions to address workplace harassment.