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In a groundbreaking 6-3 opinion by Justice Neil Gorsuch, President Donald Trump’s first U.S. Supreme Court appointee, the Supreme Court of the United States held that an employer who fires an individual for being homosexual or transgender violates Title VII as a form of sex discrimination, in Bostock v. Clayton County, Georgia, 590 U.S. ____ (2020).

Although societal understanding of what is “sex” discrimination may have evolved since Title VII passed in 1964, the plain words of the statute have not: “At bottom, these cases involve no more than the straight-forward application of legal terms with plain and settled meanings. For an employer to discriminate against employees for being homosexual or transgender, the employer must intentionally discriminate against individual men and women in part because of sex. That has always been prohibited by Title VII’s plain terms.”

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