The Equality Act: Reinforcing Bostock And Dealing With Workplace Harassment

On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act prohibits employers from discrimination against individuals on the basis of sexual orientation or being transgender. In Bostock v. Clayton County, the Supreme Court determined that sex-based discrimination includes discrimination due to gender identity and sexual orientation.

Flash forward nearly a year later, in February 2021, the House of Representatives moved to pass the Equality Act, which sought to reinforce the Court's holding in Bostock by prohibiting discrimination based upon sex, gender identity and sexual orientation. The Equality Act, however, takes the protections a step further than Bostock. While Bostock addressed discrimination in employment, the Equality Act seeks to prohibit discrimination in employment, education, housing, healthcare, credit, and jury service. The proposed legislation also forbids discrimination in public accommodations, which "[provide] a good,