Bostock and 3 Practical Implications Employers Should Consider by Gary Fowler

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On June 15, 2020, in a 6-3 opinion, the U.S. Supreme Court held that firing an individual merely for being gay or transgender violates Title VII’s prohibition against sex discrimination. Jackson Walker Labor & Employment partner Gary Fowler discusses this landmark ruling, what it means for both employers and LGBTQ+ employees, and gives three practical implications employers should consider to prevent sexual discrimination liability.

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On June 15, 2020, in a 6-3 opinion, the U.S. Supreme Court held that firing an individual merely for being gay or transgender violates Title VII’s prohibition against sex discrimination. Jackson Walker Labor & Employment partner Gary Fowler discusses this landmark ruling, what it means for both employers and LGBTQ+ employees, and gives three practical implications employers should consider to prevent sexual discrimination liability.

1) Look at your employee handbook—update if it does not reference harassment based on sexual orientation or gender identity.

2) Consider your training to specifically cover harassment based on sexual orientation or gender identity. Include examples of behavior that is specifically prohibited.

3) Review your hiring practices to ensure that there are no questions used in interviews that may in any way implicate sexual orientation or gender identity, which will be perceived as sexual discrimination.

For insights about the Bostock opinion, view Gary Fowler's analysis on the Jackson Walker website.

For more information and additional JW Fast Take podcasts and webinars, visit JW.com/Fast. See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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