In a historic ruling for LGBTQ rights, the U.S. Supreme Court ruled on Monday that companies cannot discriminate against employees on the basis of their sexual orientation and gender identity.
“Today, we must decide whether an employer can fire someone simply for being homosexual or transgender,” Justice Neil Gorsuch wrote in the opinion of the court. Indeed, Justice Alito wrote in his dissent, joined by Justice Thomas, that “There is only one word for what the court has done today: legislation. The document that the court releases is in the form of a judicial opinion interpreting a statute, but that is deceptive.”
In Monday’s ruling, the two cases that dealt with sexual orientation were Gerald Lynn Bostock v. Clayton County, Georgia and Altitude Express Inc., et al., Petitioners v. Melissa Zarda. The Zarda case involved a former skydiving instructor, Donald Zarda, who was gay, and who died in 2014 since filing his discrimination suit against a now defunct skydiving company in New York. He had claimed that Altitude had fired him on the basis of his sexual orientation after a customer complaint.
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