Bostock v. Clayton County, Georgia that LGBTQ people are protected from employment discrimination under Title VII of the Civil Rights Act of 1964.
The order sought to ensure that the federal government treats forms of anti-LGBTQ discrimination in the same way it would a case involving sex-based discrimination.LGBTQ advocates had praised the order, noting that it would strengthen protections for workers — who can no longer be fired because of their sexual orientation or gender identity, per Bostock — by allowing them to live and express themselves freely, including in terms of how they identify.That order also set the stage for subsequent guidance, issued by the U.S.
Department of Education, which advised schools and administrators to investigate and treat instances of gender identity discrimination as a form of illegal sex discrimination under Title IX of the Education Amendments Act of 1972.Under the Biden administration’s interpretation of Title IX, schools are expected to not to discriminate against transgender students or bar them from activities, programs, or benefits that are granted to other students.