For example, the EEOC has authority under Title VII to decide employment discrimination appeals by employees of the federal government and, in 2012, decided that discrimination against an applicant for federal employment based on gender identity is discrimination based on sex. Before Bostock, the Commission decided an array of matters involving employment discrimination based on sexual orientation and gender identity. It also explains the Equal Employment Opportunity Commission’s (EEOC or Commission) established legal positions on LGBTQ+-related matters, as voted by the Commission. This fact sheet briefly explains what the Bostock decision means for LGBTQ+ workers (and all covered workers) and for employers across the country.
Clayton County, which held that the prohibition against sex discrimination in Title VII of the Civil Rights Act of 1964 (Title VII) includes employment discrimination against an individual on the basis of sexual orientation or transgender status. On June 15, 2020, the Supreme Court of the United States issued its landmark decision in the case Bostock v.