Bostock v. Clayton County, Georgia; Altitude Express v. Zarda; and R.G. & G.R. Harris Funeral Homes v. EEOC

Brief Filed: 7/19
Court: U.S. Supreme Court
Year of Decision: 2020

Read full-text amicus brief (PDF, 199KB)opens in new window

Whether pursuant to Price Waterhouse v. Hopkins (PDF, 493KB)opens in new window, 490 U. S. 228 (1989), Title VII prohibitions arising out of sexual stereotyping extend to LGBT employees.

Gender Identity; Sexual Orientation (General); Employment

Involves three different federal employment discrimination cases related to LGBT employees in which allegations that the employees’ failure to conform with expected sexual stereotypes resulted in their dismissal from employment.

APA’s brief presents the court with scientific literature regarding gender and sexuality that supports the understanding that discrimination on the basis of sexual orientation and gender identity is discrimination because of sex. Accordingly, laws like Title VII that prohibit sex discrimination reach – and must continue to reach — discrimination against sexual and gender minorities.

On June 15, 2020, the Court ruled in a 6–3 decision by Justice Neil Gorsuch covering all three cases that discrimination on the basis of sexual orientation or gender identity is also discrimination "because of sex" as prohibited by Title VII.