On June 15, 2020, the Supreme Court issued a landmark decision in the case of Gerald Lynn Bostock v. Clayton County, Georgia, in which they found that the language of the Civil Rights Act of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity. EEOC has treated sexual orientation and gender identity in this matter since approximately 2012, and that is referenced in a footnote to the decision:
The EEOC first held that “discrimination against a transgender individual because that person is transgender” violates Title VII in 2012 in Macy v. Holder, 2012 WL 1435995, *11 (Apr. 20, 2012), though it earlier advanced that position in an amicus brief in Federal District Court in 2011, ibid., n. 16. It did not hold that discrimination on the basis of sexual orientation violated Title VII until 2015. See Baldwin v. Foxx, 2015 WL 4397641 (July 15, 2015).
We expect EEOC to issue updated guidance based on this decision, and we will keep you updated as we receive guidance.
Here is a link to the decision: