Yesterday, in a landmark decision, the U.S. Supreme Court held that LGBTQ workers are protected from job discrimination.  The Court held that Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person’s sex, also covers sexual orientation and transgender status.

Justice Neil Gorsuch wrote for the 6-3 majority. “We agree that homosexuality and transgender status are distinct concepts from sex.  But, as we’ve seen, discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.”  Gorsuch was joined by conservative Chief Justice John Roberts, and the Court’s four liberal members Ginsberg, Breyer, Sotomayor and Kagan.  Alito filed a dissenting opinion in which Thomas joined.  Kavanaugh also filed a dissenting opinion.

While yesterday’s ruling was specifically about discrimination in employment, the civil rights interpretation can very well extend to other areas of the law – specifically, health care nondiscrimination policies.  The Affordable Care Act includes a nondiscrimination provision that prohibits discrimination on the basis of race, color, national origin, sex, age or disability.  Holland and Hart’s Benefits Law Group will be watching to see the ripple effect of this ruling on the Trump administration’s effort to roll back health care protections for LGBTQ Americans.