It’s now been more than one year since the U.S. Supreme Court issued its landmark ruling in the case of Bostock v. Clayton County, which declared that federal law – specifically, Title VII of the Civil Rights Act of 1964 – prohibits employment discrimination based on sexual orientation and gender identity. This means that, if you’ve suffered that kind of harm in New Jersey, you could have two possible options: a federal Title VII claim and a New Jersey Law Against Discrimination claim. When it comes time to determine the best way to proceed with your sexual orientation or gender identity discrimination case, be sure to look to an experienced New Jersey employment discrimination lawyer for the advice you need.
On the occasion of the first anniversary of the high court’s ruling in the Bostock case (as well as the mid-point of Pride Month,) the U.S. Equal Employment Opportunity Commission issued a guidance document that laid out elements of the EEOC’s positions on gender identity and sexual orientation discrimination.
At the outset, the document reminds employers and employees about who isn’t covered by Title VII. If you work for a private employer, or for a state or local government, and your employer employs fewer than 15 people, then Title VII does not apply, and your employer is not at risk of potential federal liability for gender identity or sexual orientation discrimination.