Revisiting Nondiscrimination Protections

The Supreme Court Bostock ruling in 2020 held that discrimination on the basis of sexual orientation or gender identity is equivalent to discrimination on the basis of sex. As a result of the decision Title VII needn’t be amended to prohibit employment discrimination for our LGBTQ workers nationwide. All employers subject to Title VII can no longer discriminate based on a worker's sexual orientation or gender identity regardless of the state or municipality in which they are based. In a new study from Fenway Institute addresses current employment nondiscrimination protections for sexual minority LGBTQ adults after the Supreme Court Bostock ruling. Michael Liu, student researcher at The Fenway Institute & lead author of the research paper stated, “Our findings demonstrate that there are mental health consequences of public policies & laws that determine the fundamental rights of marginalized populations. This suggests that the unprecedented number of anti-LGBTQIA+ laws being proposed & enacted across the country will seriously harm the health of sexual & gender minority people." Alex Keuroghlian, MD, MPH, Director of the Division of Education & Training at The Fenway Institute & the senior author of the JAMA Psychiatry study concluded, "Discrimination in many facets of civic life drives mental health disparities among sexually & gender diverse people. While our study found that the Bostock decision was associated with better mental health among employed sexually diverse people, comprehensive nondiscrimination protections are necessary for sexually and gender diverse populations in all sectors, including education, credit, health care, housing & public accommodations. The Equality Act being considered by the United States Congress would confer such protections."

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