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News Alert! The Evolving Nature of Employment Law in America - Supreme Court Case Ruling

    This morning, the Supreme Court ruled against employers who fire a worker for being gay or transgender. This is great news for a legally protected class. The landmark ruling stems back from the Title VII of the Civil Rights Act of 1964, which strengthens the leverage under the Equal Employment Opportunity Act and the commission that oversees claims brought against employers who violate rules or discriminate against protected classes. 

    The Supreme Court case, Bostock v. Clayton County Georgia, notes how an employer allegedly fired a long-time employee for being homosexual or transgender. Part of the case outlines how Gerald Bostock was fired for conduct "unbecoming" of a county employee after he began participating in a gay recreational softball league. Another mention, R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opporutunity Commission, et al., references a case about how a male job candidate was selected and hired, but then showed up to work as a female and planned to "live and work full-time as a woman." The Court upheld Title VII and stated that violations did occur against these two individuals.

    A closer look into this cases can help may help to identify whether the terminations were as a result of some haste decision by a manager, or if HR approved the termination. It is strongly suggested that (1) managers be trained to consult with HR before taking any action for termination and/or that can be deemed as having an adverse action on an employee, (2) consult with an employment law attorney to get advice, eliminate adverse action, or reconcile an event, and (3) that HR leaders and decision-makers have the competencies needed to protect both the employee and employer. 

    Thoughts? As we [HR] hold true to equality, and equality for all, please share any best practices, or success stories that promote diversity and inclusion in your place of employment. I'd love to hear your insights.

    Best Regards, S. Charles-Garza, Diversity Director, SHRM RGV 390

    Note: For more information about this and more topics of discussion for HR issues, please join SHRM Connect, a SHRM Member Community and a "General HR Digest", at: 

    https://community.shrm.org/communities/community-home/digestviewer?tab=digestviewer&CommunityKey=85f521fc-ba03-4926-932f-3e17d3b3827e

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