U.S. Supreme Court Extends Workplace Protections to LGBT Employees

In a 6-3 decision issued earlier today, the U.S. Supreme Court ruled that gay, lesbian, and transgender employees are protected by Title VII of the Civil Rights Act of 1964.  As we noted in a prior blog post covering the oral arguments in this case, the question before the Court was whether discrimination “on the basis of sex,” which is prohibited by Title VII, includes sexual orientation or gender identity.  In its majority opinion, the Court stated that “In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire that employee . . . .We do not hesitate to recognize today a necessary consequence of that legislative choice: an employer who fires an individual merely for being gay or transgender defies the law.”

This decision marks a significant change for employers in Pennsylvania, as the Pennsylvania Human Relations Act had not been amended to include sexual orientation and/or gender identity as protected classes.  In light of the Court’s ruling, Pennsylvania employers should consider revising their policies and conducting discrimination and harassment training.  For questions about this or any other labor and employment topic, please do not hesitate to contact the attorneys at Hoffman & Hlavac.  To stay updated on the key labor and employment law developments that affect your workplace, subscribe to our blog and follow us on social media.

George Hlavac