In a landmark ruling, the Supreme Court of the United States found that gay and transgender individuals cannot be discriminated against in the workplace on the basis of sex.
The 6-3 decision stated that Title VII of the Civil Rights Act of 1964, which prohibits discrimination “because of sex,” includes gay and transgender employees. The ruling came after consideration of three cases, including Harris Funeral Homes v Equal Employment Opportunity Commission, which was brought by Aimee Stephens, a transgender employee of Harris Funeral Homes, who was fired after she started dressing consistent with her gender identity rather than her gender at birth.
The Endocrine Society participated in this case by submitting an amicus brief in the case of Harris v EEOC. The “friend of the court” brief provided scientific background and context regarding transgender health for the court. Our clinical practice guideline, Endocrine Treatment of Gender Dysphoric/Gender Incongruent Persons, was cited in the brief and relied upon by the majority.
This ruling is expected to have far-reaching effects on regulations finalized and under consideration by the Trump Administration, including the recent rollback of protection from discrimination in the healthcare system for transgender individuals (Affordable Care Act Section 1557) that was finalized on June 12, 2020.