What Did the Supreme Court Rule?
Typically, the job of the Justices within the Supreme Court is to interpret the U.S. Constitution and how it should apply to modern-day. However, in this particular case, the Justices were interpreting Title VII of the 1964 Civil Rights Act. This Act prohibits the workplace discrimination of an individual on the bases of race, color, religion, or sex, which is discussed in our workplace discrimination article. Many individuals felt the need for gender identity and sexual orientation to be included and protected under this same act. Therefore, it then became the duty of the Supreme Court to determine whether sex includes gender identity and sexual orientation. The SCOTUS later ruled a 6-3 decision in favor of the LGBTQ community.
At PereGonza The Attorneys, we encounter clients on a daily basis who have felt discriminated against because of their gender identity or their sexual orientation. Our Miami employment lawyers will tell you how important this ruling is for major employment claims and individual suits specifically regarding discrimination in the U.S. Before this ruling many cities had their respective laws or rules on whether gender identity and sexual orientation could be factors in employment. However, due to this new ruling all states within the U.S. must enforce the new laws according to the Supreme Court ruling.
What Does This Mean for Employers?
Well, because the supreme court ruled in this matter in favor of LGBTQ employment rights their decision now becomes what is known as “The Law of the Land.” This means that their decision is binding and must be treated as law unless and until another case overturns it. Therefore, all employers from now on must not be able to discriminate against an employee on the basis of gender identity or sexual orientation.
If you feel you are being discriminated at work because of your gender identity or because of your sexual orientation call the knowledgable Miami employment lawyers, from PereGonza The Attorneys, at (786)650-0202.