Texas isn’t exactly known as a progressive state, and the state’s discrimination laws are no exception. While some state legislatures have passed broad discrimination laws prohibiting the disparate treatment of employees based on their sexual orientation or gender identity, there is not yet a Texas discrimination law unequivocally protecting individuals based on their sexual orientation or gender identity.
Earlier this week, however, the United States Supreme Court agreed to consider a case that may significantly limit an employer’s ability to treat employees differently based on their sexual orientation or gender identity. Bostock v. Clayton County, Georgia, and Altitude Express, Inc. v. Zarda involve the question of sexual orientation discrimination, while R.G. & G.R. Harris Funeral Homes v. EEOC concerns discrimination based upon gender identity and sex stereotyping.
The cases present the U.S. Supreme Court with the opportunity to provide LGBTQ employees the protection they have too long been denied. The Court will soon announce when the oral argument will be heard. After the argument, the Court will eventually issue a decision, which will likely be sometime before June of 2020.