Haynes and Boone, LLP Partner Jason Habinsky talked with HR Dive about anticipated U.S. Supreme Court decisions around anti-discrimination policies for LGBTQ employees.
Here is an excerpt:
The Supreme Court is set to rule on three cases, Bostock v. Clayton County, Georgia; Altitude Express, Inc., et al. v. Zarda, Melissa, et al. and R.G. & G.R. Harris Funeral Homes v. EEOC, et al., regarding whether Title VII includes protections based on sexual orientation or gender expression.
The High Court's decision is not one that will be "easily predicted," either, Haynes and Boone Partner Jason Habinsky previously told HR Dive: "I think there are enough legal nuances where it's not so clear cut — there are various interpretations to the issues at hand."
But experts, including Habinsky, have continually said that employers don't have to wait on the High Court's rulings to extend their own anti-discrimination policies to include LGBTQ employees. Some states and municipalities already have anti-discrimination policies in place for LGBTQ individuals, and at the federal level, the Equality Act — which would legislate LGBTQ anti-discrimination protections nationwide — has garnered some traction, passing the U.S. House of Representatives. It currently waits in committee at the U.S. Senate.
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