Notwithstanding the global pandemic, during the 2019-2020 term the Supreme Court issued several landmark civil rights decisions with significant implications for employers. This month’s column reviews the court’s rulings pertaining to protections for LGBTQ individuals under Title VII of the Civil Rights Act of 1964 (Title VII), on the one hand, and broadening exemptions from employment laws for religious employers and from the mandate that employer health plans cover contraception, on the other hand. In our next column, we will address other Supreme Court developments impacting employment law.

LGBTQ Protections

Fired after joining a gay softball league, Gerald Bostock along with two other plaintiffs achieved a major victory for LGBTQ rights in Bostock v. Clayton Cty., 140 S.Ct. 1731 (2020). In this long-awaited decision, the Supreme Court held Title VII prohibits covered employers from discriminating against employees and applicants based on their sexual orientation or transgender status.