After languishing on the docket for almost a year, the United States Supreme Court agreed today to hear three cases concerning the scope of Title VII’s protections for LGBT employees. The Court is now set to decide two separate, but related questions: (1) whether Title VII protects against discrimination on the basis of sexual orientation; and (2) whether Title VII protects against discrimination on the basis of transgendered status.
As we previously reported here, here, and here, there has been a wave of federal court litigation over the last two years on this topic, with various circuit courts coming down on both sides of the issue. The Supreme Court’s decision will likely resolve the matter for good.
The cases have been set for argument during next year’s term and a decision is expected by early summer of 2020. The Supreme Court’s decision has the propensity to significantly alter federal employment law throughout the country and employers should continue to monitor development in this area.