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DISCRIMINATION ON THE BASIS OF LGBT STATUS VIOLATES TITLE VII’S PROHIBITIONS AGAINST SEX DISCRIMINATION As the July 4th holiday weekend comes to a close, we need to give a shout out to the Supreme Court for making the record clear about the civil rights available to all Americans. A month ago, it was perfectly legal in a majority of the United States, including Georgia, to fire someone for being gay, bisexual or transgender. That is no longer the case. On June 15, 20...20, in its decision of Bostock v. Clayton County Georgia, the Supreme Court issued a landmark decision that left no doubt that discrimination against an individual based upon sexual orientation or sexual identification is discrimination on the basis of sex, and is therefore prohibited under Title VII of the Civil Rights Act of 1964. Title VII provides that an employer that has 15 or more employees may not discriminate against an employee or an applicant for hire due to his or her sex (as well as race, religion or national origin). Specifically, the language of Title VII makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual, because of such individual's sex. Although the Equal Employment Opportunity Commission, the federal agency that is responsible for enforcing Title VII has stated for several years that discrimination on the basis of sexual orientation is sex discrimination, a large number of the Courts and judges in the country did not agree. The Supreme Court’s majority decision written by Justice Gorsuch, and joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and Kagan, states: "Today, we must decide whether an employer can fire [or otherwise discriminate against] someone simply for being homosexual or transgender. The answer is clear. An employer who fires [or otherwise discriminates against] an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids." In reaching its conclusion, the Supreme Court explained that discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second. Any employee facing discrimination in the workplace on account of sexual orientation or gender identification in the last 180 days, who works at a company with more than 15 employees may have a cause of action against their employer under Title VII. Please go to our website and request a consultation. www.GAemploymentlawyers.com See more

A bill that will help older workers combat age discrimination by restoring protections against age discrimination lost in a 2009 Supreme Court decision has passed the House of Representatives. Please contact your senators and urge them to support the legislation, called the Protecting Older Workers Against Discrimination (POWADA). Age discrimination happens every day and must be treated as seriously as every other type of discrimination.

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SCHWARTZ ROLLINS LLC. We are a boutique Atlanta law firm nationally and locally recognized for our EXPERIENCE, EXPERTISE and EXCELLENCE in employment and discrimination law. Our attorneys have more than 60 years of combined experience and the unique perspective of representing both individuals and small businesses in employment matters.Our attorneys are recognized nationwide among the best Employment lawyers for providing strategic counsel at rates far more attractive than any competitor.