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On Monday, June 15, 2020, the Supreme Court ruled that the Civil Rights Act of 1964 (Title VII), which bars job discrimination based on sex (and other factors), is biased against LGBT workers.

Justice Neil Gorsuch wrote “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

Justice Samuel Alito, who dissented along with Justices Brett Kavanaugh and Clarence Thomas, wrote, “The Court tries to convince readers that it is merely enforcing the terms of the statute, but that is preposterous. Even as understood today, the concept of discrimination because of ‘sex’ is different from discrimination because of ‘sexual orientation’ or ‘gender identity.’

Most states don’t currently protect the estimated 8.1 million LGBT workers in the U.S. from workplace discrimination.

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