Post-Bostock case law takes shape as courts weigh transgender bias claims

While some courts and enforcement agencies have long held that federal law prohibits discrimination based on gender identity, that stance wasn’t affirmed by the U.S. Supreme Court until 2020.

In Bostock v. Clayton County, Georgia, the high court held that Title VII of the Civil Rights of Act of 1964, through its prohibitions on sex discrimination, prohibits discrimination based on both sexual orientation and gender identity.

Claims alleging such bias have increased since that landmark ruling. Lawsuits alleging LGBTQ bias are up in all but two federal circuits, according to a 2023 Bloomberg Law analysis. And U.S. Equal Employment Opportunity Commission charges on the subject have climbed, too. 

In the past 12 months, employers of all sizes have seen charges alleging gender identity discrimination. The claims often involve deadnaming and other forms of harassment. The plaintiffs have seen some success, shaping early case law as employers await guidance from EEOC on anti-harassment measures. Below are more in-depth looks into those claims and others that made headlines recently.